Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Tenant shall surrender possession of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (CaliberCos Inc.)

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Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at At the expiration or earlier termination of this the Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations tear and damage by insured casualty or condemnation excepted. As used herein, the term “Tenant’s Removable Property” shall mean:(a) any improvements, materials and will surrender all keys equipment used in connection with Tenant’s laboratories which are not affixed to a portion of the Leased Premises and/or the Project; (b) any improvements to the Building Premises (collectively, “Leasehold Improvements”) that are installed by or for the benefit of Tenant, which are of a nature that, in Landlord’s reasonable judgment (based on competitive pricing from a minimum of two general contractors and the Premises related subcontractors, which pricing shall be made available to Property Manager or to Landlord Tenant at the place then fixed for same time such pricing is provided to Landlord) would require removal and repair costs that are materially in excess of the removal and repair costs associated with improvements typically found in other office tenant spaces in comparable buildings in close proximity to the Project (exclusive of the items described in (a) and (c) of this Paragraph 7) (“Special Installations”); and (c) Tenant’s payment personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, its Special Installations in the Premises by providing Tenant with written notice (the “Special Installations Notice”) on or before May 1, 2015, stating that Landlord has elected to require Tenant to leave all or some of its Special Installations. If Landlord elects for a portion of Tenant’s Special Installations to remain, the Special Installations Notice shall include a detailed description and itemization of which Special Installations Landlord elects to have Tenant leave. If Landlord does not provide Tenant with the Special Installations Notice on or before May 1, 2015, Tenant shall not be obligated to leave any of its Special Installations in the PropertyPremises. Prior If Tenant fails to surrendering possession remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) business days after the expiration date of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration term of the Premises to its condition prior to such Alterations, Lease or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or early termination of the Lease, Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting Removable Property. Tenant shall pay Landlord, upon demand, the reasonable expenses and reasonable storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable law, any unused portion of the Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the removal Premises or storage of storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s property Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Substances) shall be deemed to be immediately vested in Landlord, subject to any written agreement between Landlord and a lender for Tenant whereby Landlord has subordinated its rights to such lender to Tenant’s Removable Property and the lender then has a valid lien on Tenant’s Removable Property. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant within two (2) business days after the expiration date of the term of the Lease or early termination of the Lease or of Tenant’s right to possession; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in any manner advance of the expiration of the term of the Lease and which shall not be unreasonably withheld), Tenant may remain in respect thereto.the Premises for up to five (5) days after the expiration of the term of the Lease 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 t he obligation to pay Base Rent and Tenant’s Proportionate Share of Tenant Costs on a per diem basis at the rate in effect for the last month of the term of the Lease. In the event the Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. Tenant No act by Landlord shall be deemed an acceptance of a surrender possession of the Premises, and no agreement to accept a surrender of the Premises to Landlord at shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of the Term of this Lease Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good orderrepair and condition, condition and repairfree of Hazardous Materials placed on the Premises during the Term, by Tenant or its employees or contractors, broom-clean, reasonable wear and teartear (and condemnation and Casualty damage not caused by Tenant, permitted Alterations as to which Sections 15 and damage by insured casualty or condemnation 16 shall control) excepted, and will surrender shall deliver to Landlord all keys to the Building Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, personal property placed in the Premises or on elsewhere in the Property. Prior to surrendering possession of the Premises 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) Additionally, at Landlord’s option, Tenant shall remove all of its property from the Premises such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and repair furniture as Landlord may request; however, Tenant shall not be required to remove any damage addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or the Building addition in question need not be removed. Tenant shall repair all damage caused by such removal. If All items not so removed shall, at Landlord’s consent option, be deemed to any Alterations to the Premises have been abandoned by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterationsmay be appropriated, sold, stored, destroyed, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be otherwise disposed of by Landlord as, in its sole upon 10 days written notice to Tenant and absolute discretion, it deems appropriate without any credit or payment obligation to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord account for such items; any such disposition shall not be liable for disposal, damage, theft, misappropriation considered a strict foreclosure or loss other exercise of TenantLandlord’s property resulting from the removal or storage of any of Tenant’s property or in any manner rights in respect theretoof the security interest granted under Section 21. The provisions of this Section 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Surrender of Premises. Upon the expiration of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or built into the Premises in such a manner as to become part of the freehold, whether or not by or at the expense of Tenant, shall become and remain a part of and be surrendered with the Premises, except that Landlord may elect to require Tenant, at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall surrender possession of restore the Premises to Landlord at as good condition as existed on the expiration or earlier termination Commencement Date subject to the conditions and terms previously set forth in Section 14. Any furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises, shall be and shall remain the property of Tenant and may be removed by it any time during the term of this Lease in good orderLease; provided that if any of Tenant's property is removed, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord repair or pay the cost of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair repairing any damage to the Premises or the Building caused by resulting from such removal. If LandlordWithin Five (5) business days of Tenant’s consent surrendering the Premises, Landlord can elect to retain or depose of in any manner any alterations or Tenant's fixtures that Tenant does not move from the Premises on expiration or termination of the term as allowed or required by this Lease by giving at least Thirty (30) days' notice to Tenant. Title to any Alterations such alterations or Tenant's fixtures that Landlord elects to retain or dispose of on expiration of the Thirty (30) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's fixtures. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any of Tenant's personal property, and for Landlord's costs for repairing any damage to the Premises occasioned by such removals. If Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of fails to surrender the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentterm as required by this Section, Tenant shall upon receipt by Tenant of written request by hold Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim all damages resulting from Tenant’s 's failure or delay in surrendering to surrender the Premises in accordance with this Section 16.1 Premises, including, without limitation, any Claim claims made by any a succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretotenant.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. 73. The Tenant shall covenants to surrender possession of the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in good order, the same condition and repairas the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, permitted Alterations and damage by insured fire or the elements, and unavoidable casualty or condemnation excepted, and will agrees to surrender all keys to the Building and for the Premises to Property Manager or to The Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also rent and will inform the Landlord of all combinations on to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, wall or ceiling shall be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord required removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Property. Prior to surrendering possession part of the Premises Tenant shall then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord required to removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default without prejudice to any other tighter remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of its property the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and repair fixtures without any damage liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Premises or the Building caused by such removalLandlord. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon The Tenant’s removal of such Alterations and restoration of obligation to observe or perform the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon covenants contained in this Lease will survive the expiration or other termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination term of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Commercial Lease Agreement (Praetorian Group Inc.)

Surrender of Premises. Tenant shall hereby agrees to vacate the Premises and surrender and deliver exclusive possession of the Premises to Landlord at any time during the expiration or earlier termination period commencing on July 31, 2019 and ending on the Termination Date in accordance with the applicable surrender provisions of this Lease in good orderthe Lease; provided, condition and repairhowever, reasonable wear and tearthat, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys notwithstanding anything to the Building and contrary set forth in the Lease (including, without limitation, Section 21 of the Original Lease), Tenant shall not be required to remove (A) any alterations, additions or improvements previously made to the Premises prior to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base RentEffective Date, (B) the Lines, or as Landlord or Property Manager otherwise direct. (C) the Generator (the date on which Tenant shall also inform Landlord of all combinations on locks, safes so surrenders and vaults, if any, in the Premises or on the Property. Prior to surrendering delivers exclusive possession of the Premises to Landlord in accordance with this Agreement is referred to as the "Surrender Date"). Without limiting the generality of the foregoing, on or before the Surrender Date, Tenant shall shall, at Tenant's sole cost and expense, remove all of its property or cause to be removed from the Premises any and all furniture, trade fixtures and equipment, free-standing cabinet work, and, subject to the foregoing sentence, all other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, and deliver the Premises to Landlord in a broom-clean condition. Tenant shall immediately repair any at its own expense all damage to the Premises or and the Building resulting from any such removal. If Tenant fails to complete such removal and/or repair all damage to the Premises and the Building caused by such removal. If Landlord’s consent to any Alterations to , Landlord may (but shall not be obligated to) do so, and may charge the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations reasonable and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages actual costs incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term in connection therewith to Tenant, which costs shall be deemed abandoned, and can be disposed reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property invoice therefor from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoLandlord.

Appears in 1 contract

Samples: Lease Termination Agreement (Harmonic Inc)

Surrender of Premises. On or before the termination of the Lease Term, or upon any termination of Tenant’s right to possession of the Premises, Tenant shall surrender possession of the Premises to Landlord at in good condition and repair, normal wear and tear excepted, with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Paragraph 27. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration or sooner termination of the Lease Term (or such later date following any earlier termination of this Lease in good orderas hereinafter provided), condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender Tenant shall (a) remove (i) all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for of Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of FF&E and phone and data cabling from the Project; (ii) all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession Specialized Alterations (with any portion of the Premises where Tenant installs fitness or gymnasium Specialized Alterations returned to “shell” condition), except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall remove all of be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its property from the Premises consent thereto Pursuant to Paragraph 11.A; and (b) fully repair any damage to the Premises or other portions of the Building Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to provide any such written notice shall not change any of Tenant’s obligations with respect to the removal of Tenant’s property and the other matters hereinabove provided in accordance with this Paragraph 27. Any of Tenant’s property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such personal property, free and clear of any liens, shall pass to Landlord upon written notice to Tenant of Landlord’s exercise of its right to retain any such personal property. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, and all repair and restoration work necessitated by such removal. If Landlord’s consent to Tenant represents and warrants that no other person shall have any Alterations to the Premises by Tenant was conditioned upon ownership or use interest in Tenant’s removal of such FF&E, Alterations, Specialized Alterations and restoration Tenant Improvements as of the Premises to its condition prior to such Alterations, Expiration Date or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier sooner termination of this Lease. Tenant shall surrender to Landlord shall not be liable for disposal, damage, theft, misappropriation or loss all keys to the Premises and make known to Landlord the combination of all combination locks which Tenant is required to leave on the Premises. All Tenant’s property resulting from obligations under this Paragraph 27 shall survive the removal expiration or storage sooner termination of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Slack Technologies, Inc.)

Surrender of Premises. Tenant shall surrender possession Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises to Landlord shall remain upon the Leased Premises at the expiration or earlier termination of this Lease in good orderand shall become the property of Landlord. Any alterations, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty improvements or condemnation excepted, and will surrender all keys additions to the Building and Leased Premises made after substantial completion of the Leased Premises to Property Manager or to Landlord shall remain upon the Leased Premises at the place then fixed expiration or earlier termination of this Lease and shall become the property of Landlord, unless, Landlord, at the time of Landlord's approval of plans for Tenant’s payment of Base Rentsame, or as Landlord or Property Manager otherwise directshall have given written notice to Tenant to remove such alterations, improvements and additions. In such event, Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any Claim made by such alterations, improvements or additions were made. Should Tenant fail to remove any succeeding occupant founded on such delay includingalterations, but not limited to, consequential damages incurred improvements or additions or to repair such damage when required by Landlord based on so to do pursuant to this Section 17, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. Any personal property which shall remain in the Leased Premises or any such Claim. All property part thereof after the expiration or earlier termination of Tenant not removed on or before the last day of the Term this Lease shall be deemed abandoned, to have been abandoned and can either may be retained by Landlord as Landlord's property or may be disposed of by in such manner as Landlord asmay see fit, in its sole and absolute discretionprovided that notwithstanding the foregoing Tenant shall, it deems appropriate without any credit or payment to Tenant. Tenant appoints upon request of Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon made no later then ten (10) days after the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting promptly remove from the removal or storage of Building any of such personal property at Tenant’s 's own cost and expense. Should Tenant fail so to do, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as are necessary to reimburse Landlord for its expenses in any manner connection with the disposal of such personal property, with the remainder, if any, being delivered to Tenant forthwith. The covenants contained in respect theretothis Section 17 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Collagenex Pharmaceuticals Inc

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of thi; Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord based requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on any such Claim. All property behalf of Tenant not removed on or before situated in or about the last day of Premises. By the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment date which is twenty (20) days prior to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier such termination of this Lease. , Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that & removal of such items and the removal or storage repair of any the Premises will be completed prior to such termination of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Lease Agreement (Competitive Companies Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at the expiration or earlier sooner termination of this Lease the Term (as it may be extended) in as good order, a state of and condition and repairrepair as the same was in on the Effective Date, broom-clean, except for reasonable wear and tear. All alterations and improvements, permitted Alterations including HVAC equipment, wall coverings, carpeting and damage by insured casualty other floor coverings, ceiling tiles, window treatments, lighting fixtures, built-in or condemnation exceptedattached shelving, built-in furniture, millwork, countertops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and will surrender all keys wall mirrors, made by Landlord or Tenant or their contractors to the Premises, and any wiring or cables in the Building serving the Premises, shall become Landlord’s property upon the expiration or sooner termination of the Term with no compensation to Tenant and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, remain in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of this Lease. Notwithstanding the Lease, or if Tenant made any Alterations without Landlord’s prior written consentforegoing, Tenant shall have the right to remove either during the Term (or any extension thereof), or upon receipt termination of the Lease any trade fixtures which are removable and which were installed by Tenant (including without limitation automated teller machines, computer equipment, safety deposit boxes), provided that Tenant shall repair any damage caused by such removal, at its expense, in a good and workmanlike manner with, within twenty (20) days of written request by Landlord promptly restore delivered to Tenant either during or after the Term. If Tenant fails to perform such removal in accordance with the foregoing terms, Landlord may perform such work and in such event Tenant shall reimburse Landlord for the costs thereof within thirty (30) days of Tenant’s receipt of a written demand from Landlord, and if Tenant fails to pay such costs when due the amount due shall bear interest at the amount set forth in Section 19F above. On the expiration or sooner termination of the Term, Tenant, at its expense, shall remove from the Premises all moveable trade fixtures, machinery and equipment, including moveable communications equipment and moveable office equipment, that are installed in the Premises by Tenant without expense to Landlord, and all moveable trade fixtures, furniture, furnishings, and other articles of moveable personal property owned by Tenant and located in the Premises. Any items of Tenant’s property that shall remain in the Premises after the expiration or sooner termination of the Term, may, at the option of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its condition prior property to such Alterations be disposed of by Landlord, without accountability to Tenant or any other party, in the manner Landlord shall determine, at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with The provisions of this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term 20 shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon survive the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease (Jacksonville Bancorp Inc /Fl/)

Surrender of Premises. Tenant agrees to surrender to Landlord, at the end of the Term or upon any earlier termination of this Lease, the Premises in (i) as good condition as the Premises were at the Occupancy Date, ordinary wear and tear excepted; (ii) except as otherwise provided in this Lease, Tenant shall surrender possession remove its trade fixtures, furnishings and equipment from the Premises and shall repair any damage caused by such removal; and (iii) Tenant shall also remove all rubbish from the Premises. Tenant hereby expressly authorizes Landlord, as agent of Tenant, to remove such rubbish and make such repairs as may be necessary to restore the Premises to Landlord at such condition and charge Tenant the reasonable and actual cost. At the expiration or earlier termination of this Lease in good orderof Tenant’s right of possession, condition Tenant shall vacate and repairsurrender possession of the entire Premises, reasonable ordinary wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will shall surrender all keys and key cards, and any parking transmitters, stickers or cards, to Landlord, and shall remove all personal property and office trade fixtures (except Landlord’s Personal Property) that may be readily removed without damage to the Premises, the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior All improvements, fixtures and other items, including ceiling light fixtures, HVAC equipment, plumbing fixtures, hot water heaters, fire suppression and sprinkler systems, “Lines”, wall coverings, carpeting, and other flooring, blinds, drapes and window treatments, in or serving the Premises, whether installed by Tenant or Landlord, and Landlord’s Personal Property, shall be Landlord’s property and shall remain upon the Premises, all without compensation, allowance or credit to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalTenant, unless Landlord elects otherwise as provided herein. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time termination Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentso directs by notice, Tenant shall upon receipt by Tenant promptly remove such of written request by Landlord promptly the foregoing items as are designated in such notice and restore the Premises to its the condition prior to the installation of such Alterations items in a good and workmanlike manner, provided, Landlord shall not require removal of customary office improvements installed with Landlord’s written approval (except as expressly and reasonably required by Landlord in connection with granting such approval). If Tenant shall fail to perform any repairs or restoration, or fail to remove any items from the Premises required hereunder, Landlord may do so and Tenant shall pay Landlord’s charges therefor upon demand. All property removed from the Premises by the Landlord pursuant to any provisions of this Lease or any Law may be handled or stored by Landlord at Tenant’s expense. Tenant hereby releases , and Landlord shall in no event be responsible for the Landlord Parties and shall indemnifyvalue, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure preservation or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claimsafekeeping thereof. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the or retaken from storage by Tenant within thirty (30) days after expiration or earlier termination of this LeaseLease or Tenant’s right to possession, shall at Landlord’s option be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Unless prohibited by applicable Law, Landlord shall not be liable have a lien against such property for disposal, damage, theft, misappropriation the costs incurred in removing and storing the same. Tenant hereby waives any statutory notice to vacate or loss quit the Premises upon expiration of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Office Lease (Towerstream Corp)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition) and in the condition in wh&h the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of thi; Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord based requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on any such Claim. All property behalf of Tenant not removed on or before situated in or about the last day of Premises. By the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment date which is twenty (20) days prior to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier such termination of this Lease. , Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that & removal of such items and the removal or storage repair of any the Premises will be completed prior to such termination of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Surrender of Premises. Tenant shall surrender possession of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the Upon expiration or termination of the term of this Lease, or if Tenant made any Alterations without Landlord’s prior written consentextension thereof, Tenant shall peaceably and quietly leave and surrender the Premises in as good condition as they are now, ordinary wear and tear excepted. Tenant shall surrender and deliver up the building and Premises broom-clean and free of Tenant's property. Provided Tenant is not in default, it shall have the right to remove all of its trade fixtures, equipment, machinery and other personal property, provided that upon receipt by such removal the Premises are delivered in the same condition as existed at the time of commencement of this Lease. Further, in the event Tenant does not remove any of written request by its fixtures, equipment or personal property or any additions or alterations made to the Premises during the term of this Lease, Landlord promptly may, at its option, require Tenant to remove any such improvements, alterations, fixtures and equipment and restore the Premises to its the condition prior to such Alterations that existed at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day commencement of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removeLease, at Tenant’s Tenants sole cost and expense, or retain the same. Recommendation of Legal Counsel. Landlord advises and recommends that all parties hereto obtain legal counsel to represent them in connection with the examination of Tenant’s property from title, zoning of the Premises upon Premises, the expiration or earlier termination contents and execution of this Lease, tax implications of the transaction and all other aspects relative to the transaction contemplated hereby. Notices. All notices, demands and requests required to be given by either party to the other shall be in writing and shall be hand delivered or sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the party at the address set forth below or at such other addresses as the parties may designate in writing delivered pursuant to the provisions hereof. Any notice when given as provided herein shall be deemed to have been delivered on the date personally served or two (2) banking days subsequent to the date that said notice was deposited with the United States Postal Service. Time is of the Essence. Time is of the essence hereof Quiet Enjoyment. Landlord shall not represents and warrants that Landlord has the right to enter into and make this Lease; and Tenant, upon paying the rent herein reserved and upon performing all of the terms and conditions of this Lease on its part to be liable for disposalperformed, damageshalt at all times during the term herein demised peacefully and quietly have, theft, misappropriation or loss of Tenant’s property resulting from hold and enjoy the removal or storage of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Lease Agreement (Diego Pellicer Worldwide, Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing pursuant to the terms of Section 10.1 hereof, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear casualty and condemnation. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord based requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on any such Claim. All property behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not removed on to remove from the Premises. Tenant shall repair any damage caused by the installation or before removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements. Tenant shall ensure that the last day removal of such items and the repair of the Term shall Premises will be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment completed prior to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier such termination of this Lease. Landlord In no event shall not Tenant be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from obligated to remove the removal or storage of any of Tenant’s property or in any manner in respect theretoinitial Tenant Improvements to be constructed pursuant to Exhibit B attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and teartear excepted. As used herein, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) Cable installed by or for the benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Premises Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant shall remove all and, in Landlord’s reasonable judgment, are of its property from the Premises a nature that would require removal and repair any damage to costs that are materially in excess of the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if personal property. Landlord shall notify Tenant did not obtain Landlord’s determination in writing at the time of Landlord’s approval of Tenant’s Plans (defined in the Work Letter) or at the time of approval of plans submitted to Landlord consented by Tenant in connection with Alterations whether any Leasehold Improvements to such Alterations of whether or not such Alternations must be removed and constructed in the Premises restored 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 prior condition upon Special Installations or Cable in the expiration or Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of the Lease, this Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting from Removable Property. Tenant shall pay Landlord, upon demand, the removal or expenses and storage of charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s property Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in any manner Article 30]) shall be deemed to be immediately vested in respect theretoLandlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Surrender of Premises. At the expiration or earlier termination of the Lease Term, Tenant may, on or before the expiration of one hundred eighty (180) days after expiration or earlier termination of this Lease, at Tenant's own cost and expense, remove the improvements constructed on the Premises and any of Tenant's trade fixtures, equipment, furniture, furnishings, and other personal property from the Premises; provided, however, that (a) if Tenant elects to remove said improvements, Tenant shall surrender possession of have the obligation to return the Premises to the same condition as when originally leased to Tenant, and if any damages to the Premises results from such removal, Tenant shall repair such damage immediately at its own cost and expense, and (b) Tenant may not exercise this option to remove said improvements if upon the expiration or earlier termination of the Lease Term, Tenant has failed to pay any rent or additional rent due hereunder. In the event Tenant elects not to remove the improvements constructed on the Premises, Landlord may, on or before the expiration of one hundred eighty (180) days after expiration or earlier termination of this Lease, require Tenant to remove the same, at Tenant's sole cost and expense. If Landlord so elects, Tenant shall have the obligation to return the Premises to the same condition as when originally leased to Tenant, and if any damages to the Premises results from such removal, Tenant shall repair such damage immediately at its own cost and expense. In the event such improvements and items are not removed at the expiration or earlier termination of this the Lease in good orderTerm, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including17, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term items shall be deemed abandoned, abandoned and can shall be disposed the property of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit Landlord. On or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon before the expiration or earlier termination of this Lease. Landlord , Tenant shall not cause any mortgages, liens or encumbrances (including any Leasehold Mortgage) created by, through or under Tenant to be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretofully discharged and released.

Appears in 1 contract

Samples: Option Agreement (Advanced Environmental Recycling Technologies Inc)

Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord at Landlord, by whomsoever made, in substantially the expiration same condition as received, or earlier first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises movable furniture and repair equipment belonging to Tenant, at Tenant's sole cost, provided that Tenant repairs any damage to the Premises or the Building caused by such removal. If Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord’s consent to . Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord's election either (i) at Tenant's sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the Premises by written request of Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to installation of such Alterations, or if Landlord shall advise Tenant did not obtain Landlord’s determination at the that time Landlord consented to such Alterations of whether or not such Alternations Alterations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the this Lease), or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly and restore the Premises to its original condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day as of the Term shall be deemed abandonedDelivery Date, and can be disposed of by subject to the foregoing; or (ii) pay Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole the reasonable estimated cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothereof.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

Surrender of Premises. Tenant shall surrender possession of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon At the expiration or termination of the this Lease, or if Tenant made any Alterations without Landlord may, at Landlord’s prior written consentelection, demand the removal from the Premises of all fixtures and improvements (including without limitation all Building improvements), or of certain fixtures or improvements or both, provided, however, that Tenant shall not have any obligation to remove the initial Tenant Improvements generally described in Exhibit B; otherwise, Tenant shall upon receipt by Tenant of written request by surrender to Landlord promptly restore the Premises to its and all alterations and additions thereto broom clean and in good order, repair and condition (except for ordinary wear and tear). Tenant shall remove all personal property and trade fixtures prior to such Alterations at the expiration of the Term, including any signs, notices and displays placed by Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyperform all reasonably necessary restoration, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim restoration made reasonably necessary, by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all removal of Tenant’s personal property from the Premises upon or trade fixtures prior to the expiration or earlier termination of this Lease. Tenant shall have no obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in any manner, any alterations, utility installations, trade fixtures or personal property that Tenant is obligated to remove pursuant to the terms of this Lease and does not remove from the Premises on expiration or termination of the Lease Term as allowed or required by this Lease. Title to any such alterations, utility installations, trade fixtures or personal property (which was not removed by Tenant as required in this Lease) that Landlord elects to retain or dispose of on expiration of the Lease Term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations, utility installations, trade fixtures or personal property (not removed by Tenant as required in this Lease). Tenant shall be liable to Landlord for disposalLandlord’s costs for storing, damageremoving and disposing of any alterations, theftutility installations, misappropriation trade fixtures or loss of Tenant’s personal property resulting that Tenant was required to remove under this Lease, and shall indemnify and hold Landlord harmless from the removal or storage claim of any of Tenant’s property third party to an interest in such alterations, utility installations, trade fixtures or in any manner in respect theretopersonal property.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Resonant Inc)

Surrender of Premises. (a) At the end of the Terra or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord at Landlord, by whomsoever made, in substantially the expiration same condition as received, or earlier first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease in good orderLease, condition remove all movable furniture and repairequipment belonging to Tenant, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rentsole cost, or as Landlord or Property Manager otherwise direct. provided that Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair repairs any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant and title to the Premises by Tenant was conditioned upon Tenant’s removal of same shall thereupon pass to Landlord. Upon such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentTerm, Tenant shall upon receipt demand by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations Landlord, at TenantLandlord’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend election either (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant’s property from , designated by Landlord to be removed (provided, however, that upon the Premises written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or earlier sooner termination of this Lease. ), and restore the Premises to its original condition as of the Delivery Date, subject to the foregoing; or (ii) pay Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoreasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term or earlier termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will Tenant shall surrender all keys to the Building and the Premises to Property Manager Landlord (a) in good condition and repair (damage by acts of God, casualty, condemnation, Landlord's gross negligence or to Landlord at willful misconduct and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) In accordance with the place then fixed for provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant’s payment of Base Rent, or as Landlord or Property Manager Tenant otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove performing all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalobligations under this Lease. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on On or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord , (i) Tenant shall not be liable for disposal, damage, theft, misappropriation or loss remove all of Tenant’s 's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by written notice to Tenant given not later than one hundred twenty (120) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from the removal or storage Landlord's retention and disposition of any such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant’s . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any manner and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in respect theretoso surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Surrender of Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in good condition, broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, repairs for which Tenant is not responsible or the elements alone excepted. Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property of Tenant removable without material damage to such property or the Premises previously installed by Tenant, at Tenant's sole cost, title to which shall be in Tenant until such termination, repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. Subject to the Addendum, upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant's cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon survive the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoTerm.

Appears in 1 contract

Samples: Diplomat Ambassador Inc

Surrender of Premises. Tenant shall surrender possession of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations Xxxxxx agrees on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord (i) in good condition and repair (damage by Acts of God, fire, normal wear and tear, casualty and condemnation excepted) and (ii) in broom clean condition. All of Tenant’s trade fixtures, furniture, furnishings, supplies, wall decorations and other personal property (“Tenant’s Property”) and all Alterations (as defined below) shall remain unless Landlord required in the related Consent to Alterations Agreement (defined in Paragraph 8 (Alterations and Additions)) and/or plans that any such Alteration(s) he removed from the Premises. Tenant shall be deemed abandonedresponsible for repairing any and all damage to the Premises resulting from the installation and/or removal of such (i) Alterations and/or (ii) Tenant’s Property With respect to any communications wiring and cabling that remains, all such wiring and cabling shall be appropriately identified and marked at each end so that a subsequent user may reasonably determine the purpose of the same, and can method of connecting such wiring and cabling for such subsequent user’s business. If Alteration(s) were installed that did not require Landlord consent at the time of installation and/or if Tenant failed to obtain Landlord’s written Consent to Alterations Agreement (“Non-Consented Alterations”), then Tenant shall request in writing, no more than one hundred twenty (120) days prior to the Lease Termination Date, but not less than sixty (60) days prior to the Lease Termination Date, that Landlord identify which of such Non-Consented Alterations Landlord desires Tenant to remove in which event Tenant shall be disposed required to remove such Non-Consented Alterations and shall be responsible for repairing all damages to the Premises resulting from the installation and/or removal of said Non-Consented Alterations. Landlord shall respond to Xxxxxx’s request for Landlord’s consent for Xxxxxx’s pending alterations request in writing within thirty (30) days of receipt of a complete request package from Tenant as described in Paragraph 8 (Alterations and Additions) and if Landlord does not respond within said thirty (30) day period or does not require the removal of any applicable Alterations in said Consent to Alterations Agreement, Tenant shall not be required to remove the same. If Tenant does not remove any of such (i) Alterations required to be removed in the respective Consent to Alterations Agreement and/or (ii) any Non-Consented Alterations required by Landlord asto be removed, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints then Landlord as Tenant’s agent to removemay, at Tenant’s sole cost and expense, all of Tenant’s property from remove and/or discard such Alterations and restore the Premises, and Tenant shall reimburse Landlord for any reasonable out-of-pocket costs and expenses incurred in removing and discarding such Alterations and restoring the Premises upon within thirty (30) days following Xxxxxxxx’s written statement therefore. As to any Alterations required to be removed by Tenant, Tenant shall restore the area to the condition existing prior to the installation and repair all damage caused by such installation and removal. If the Premises is not surrendered to Landlord in the condition required by this Paragraph 6 at the expiration or earlier sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Xxxxxx’s Property and/or Alterations not so removed and make such repairs and replacements not so made or hire, at Xxxxxx’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable out-of-pocket costs and expenses that will be incurred by Landlord in returning the Premises to the required condition that shall be payable by Tenant to Landlord within thirty (30) days after receipt of a statement therefor from Landlord. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall not be liable have all right, title and interest in and to all proceeds from said sale. Landlord may also discard, throw away or otherwise dispose of Single Tenant/Single Parcel Initial: [***] such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property and in such event, Tenant shall reimburse Landlord for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect cost and expense Landlord incurred related thereto.

Appears in 1 contract

Samples: Lease Agreement (CymaBay Therapeutics, Inc.)

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term or earlier termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will Tenant shall surrender all keys to the Building and the Premises to Property Manager Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or to Landlord at the place then fixed for deterioration that would have been prevented by proper maintenance by Tenant’s payment of Base Rent, or as Landlord or Property Manager Tenant otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove performing all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalobligations under this Lease. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on On or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given at or about the time Tenant requests Landlord’s consent to an Alteration, require Tenant, at Tenant’s expense, to remove any or all such requested Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the “Removable TIs”), Tenant shall remove the Removable TIs. Landlord Notwithstanding the foregoing, Tenant shall not be liable for disposalobligated to remove any Alterations made to the Premises during its previous occupancy thereof prior to the Commencement Date of this Lease or any tenant improvements made by Landlord. Tenant shall repair any damage caused by such removal of the Tenant’s Property, damagethe requested Alterations and the Removable TIs. For purposes hereof, theftthe term “Tenant’s Property” shall mean and refer to all equipment, misappropriation or loss trade fixtures, furnishings, inventories, goods and personal property of Tenant. Any of Tenant’s property Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from the removal or storage Landlord’s retention and disposition of any such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant’s . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any manner and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in respect theretoso surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses, and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender possession of the Premises to Landlord at (a) in good condition and repair (damage by acts of God, casualty, condemnation, Hazardous Materials not stored, used, released or disposed of by Tenant or any Tenant Representative in accordance with applicable Laws, and normal wear and tear excepted), but with all Interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with unusually heavy floor loads or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove (i) all of its property Tenant’s Property (defined below) and Tenant’s signage from the Premises and repair other portions of the Project, (ii) any damage Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Premises or Expiration Date (except in the Building caused event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required) as to Alterations made without Landlord’s consent, and if requested by such removal. If Tenant in writing at the time Tenant requests Landlord’s consent to any Alterations requiring Landlord’s consent, by notice given to Tenant at the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior time Landlord consents to such Alterations, or if require Tenant, at Tenant’s expense, to remove, and Tenant did shall repair any damage caused by all of such removal activities. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not obtain Landlord’s determination be obligated to remove the initial Tenant Improvements constructed pursuant to Exhibit B to this Lease Agreement, unless required in writing by Landlord at the time Landlord consented approves such Tenant Improvements. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to such Alterations be installed by Tenant (including any cabling and wiring, installed above the ceiling of whether or not such Alternations must be removed and the Premises restored to its prior condition upon or below the expiration or termination floor of the LeasePremises), or if Tenant made any Alterations without Landlordinventories, goods and personal property of Tenant. Any of Tenant’s prior written consent, Tenant shall upon receipt Property not so removed by Tenant as required herein shall be deemed abandoned and may, after five (5) days’ notice from Landlord, be stored, removed, and disposed of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. , and Tenant hereby releases the waives all claims against Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against for any Claim damages resulting from TenantLandlord’s failure or delay retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on storing and disposing of such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All abandoned property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Notwithstanding anything to the contrary contained herein, Tenant appoints Landlord as Tenant’s agent shall, prior to removethe expiration of this Lease, at Tenant’s sole cost expense and expensein compliance with the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant’s property Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least forty- five (45) days prior to the expiration of the Lease authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises upon the expiration or earlier termination of this Lease. In the event that Landlord does not so authorize the Cabling to remain in place and Tenant fails to remove the Cabling on or before the expiration or earlier termination of this Lease, Landlord may remove the Cabling, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a three percent (3%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove; shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Section 10 and Section 27 below, Tenant shall continue to be liable responsible for disposalthe payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, damagedefend and hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, theftwithout limitation, misappropriation any Claims made against Landlord by any succeeding tenant or loss of Tenant’s property prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the removal Premises to any such succeeding tenant or storage of any of Tenant’s property or in any manner in respect theretoprospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Surrender of Premises. Tenant Upon expiration of the term, Xxxxxx shall surrender possession of to Landlord the Premises to Landlord at the expiration or earlier termination of this Lease and all Tenant improvements and alterations in good ordercondition, condition and repair, reasonable except for ordinary wear and tear, permitted Alterations tear and damage by insured casualty alterations Tenant has the right or condemnation excepted, and will surrender all keys is obligated to remove under the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment provisions of Base Rent, or as Landlord or Property Manager otherwise directSection 14 herein. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its personal property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, wallpaper, paneling and other decorative improvements or trade fixtures and shall perform all restoration made necessary by the removal of any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All alterations or Tenant's personal property of Tenant not removed on or before the last day expiration of the Term shall be deemed abandonedterm, and can be disposed of by Landlord asincluding for example, in its sole and absolute discretion, it deems appropriate without any credit or payment restoring all wall surfaces to Tenant. Tenant appoints Landlord as Tenant’s agent their condition prior to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination commencement of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation can elect to retain or loss dispose of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner Xxxxxx's personal property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Xxxxxxxx's retention or disposition of Xxxxxx's personal property. Tenant shall be liable to Landlord for Landlord's cost for storage, removal or disposal of Tenant's personal property. Landlord acknowledges that Tenant will be installing certain trade fixtures unique to Tenant's business in respect theretothe Premises, and that Tenant shall be entitled to remove the same from the Premises (provided Tenant repairs any damage caused by such removal and restores the Premises to the condition existing prior to installation of such trade fixture). Tenant acknowledges that fixtures necessary for the function and/or use of the Premises for the purpose intended by Landlord (e.g., HVAC, fire suppression equipment, deionized water systems, etc.) must be left in the Premises unless Landlord requires their removal. Tenant shall be entitled to ask Xxxxxxxx in writing to confirm that certain trade fixtures installed by Tenant may be removed by Xxxxxx and, if so asked, Xxxxxxxx agrees to response within thirty (30) days as to whether the same may be removed by Xxxxxx from the Premises.

Appears in 1 contract

Samples: Basic Lease Terms (Cellcyte Genetics Corp)

Surrender of Premises. Tenant shall surrender possession 22.01 Upon the expiration or other termination of the Term, Tenant shall, at Tenant’s sole cost and expense, quit, surrender, vacate and deliver the Demised Premises to Landlord broom clean and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty and condemnation, together with all Tenant Changes (except as otherwise provided for in this Lease and subject to Tenant’s obligation to remove any Specialty Alteration, Hazardous Materials and other items pursuant to the terms hereof) and shall remove all Tenant’s Property therefrom. Tenant’s obligations pursuant to Section 22.01 shall apply to all space (herein, each “Early Expiration Space”) (a) as to which Landlord has exercised its right to cancel this Lease with respect to Recapture Space as provided in Section 8.04B hereof and (b) [***], that constituted Returned Space, in each case, at the expiration or earlier termination of this Lease in good orderwith respect to any such Early Expiration Space (as applicable, condition and repairthe “Early Expiration Date”). If Tenant fails timely to surrender to Landlord any Early Expiration Space, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys then the provisions of Section 22.02 shall apply with respect to the Building Early Expiration Space (with the Holdover Amount for use and occupancy payable with respect thereto being based upon 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession allocable portion of the Premises Tenant shall remove all of its property from Rent payable for such Early Expiration Space and references therein to (i) the Premises “Demised Premises” being deemed to be the applicable Early Expiration Space and repair any damage to (ii) the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration Expiration Date or earlier termination of this Lease. Landlord Lease (or terms of similar import) shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from mean the removal or storage of any of Tenant’s property or in any manner in respect theretoEarly Expiration Date).

Appears in 1 contract

Samples: Datadog, Inc.

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at At the expiration or earlier termination of this the Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations tear and damage by insured casualty or condemnation excepted. As used herein, the term “Tenant’s Removable Property” shall mean:(a) any improvements, materials and will surrender all keys equipment used in connection with Tenant’s laboratories which are not affixed to a portion of the Leased Premises and/or the Project; (b) any improvements to the Building Premises (collectively, “Leasehold Improvements”) that are installed by or for the benefit of Tenant, which are of a nature that, in Landlord’s reasonable judgment (based on competitive pricing from a minimum of two general contractors and the Premises related subcontractors, which pricing shall be made available to Property Manager or to Landlord Tenant at the place then fixed for same time such pricing is provided to Landlord) would require removal and repair costs that are materially in excess of the removal and repair costs associated with improvements typically found in other office tenant spaces in comparable buildings in close proximity to the Project (exclusive of the items described in (a) and (c) of this Paragraph 7) (“Special Installations”); and (c) Tenant’s payment personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, its Special Installations in the Premises by providing Tenant with written notice (the “Special Installations Notice”) on or before May 1, 2015, stating that Landlord has elected to require Tenant to leave all or some of its Special Installations. If Landlord elects for a portion of Tenant’s Special Installations to remain, the Special Installations Notice shall include a detailed description and itemization of which Special Installations Landlord elects to have Tenant leave. If Landlord does not provide Tenant with the Special Installations Notice on or before May 1, 2015, Tenant shall not be obligated to leave any of its Special Installations in the PropertyPremises. Prior If Tenant fails to surrendering possession remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) business days after the expiration date of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration term of the Premises to its condition prior to such Alterations, Lease or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or early termination of the Lease, Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting Removable Property. Tenant shall pay Landlord, upon demand, the reasonable expenses and reasonable storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable law, any unused portion of the Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the removal Premises or storage of storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s property Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Substances) shall be deemed to be immediately vested in Landlord, subject to any written agreement between Landlord and a lender for Tenant whereby Landlord has subordinated its rights to such lender to Tenant’s Removable Property and the lender then has a valid lien on Tenant’s Removable Property. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant within two (2) business days after the expiration date of the term of the Lease or early termination of the Lease or of Tenant’s right to possession; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in any manner advance of the expiration of the term of the Lease and which shall not be unreasonably withheld), Tenant may remain in respect theretothe Premises for up to five (5) days after the expiration of the term of the Lease 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 t he obligation to pay Base Rent and Tenant’s Proportionate Share of Tenant Costs on a per diem basis at the rate in effect for the last month of the term of the Lease. In the event the Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Lease Agreement (Rules-Based Medicine Inc)

Surrender of Premises. Tenant shall will surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, Tenant’s Improvements, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, Basic Rent or as Landlord or Property Manager otherwise direct. Tenant shall will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of If Tenant does not surrender the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentin accordance with this section, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall will indemnify, defend (with counsel reasonably acceptable to Landlord), ) protect and hold harmless the Landlord Parties from and against any Claim Claims resulting from Tenant’s failure or delay in so surrendering the Premises in accordance with this Section 16.1 Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay includingdelay. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires, all Alterations made by Tenant to the Premises (but not limited toonly to the extent Landlord notified Tenant to remove such Alterations at the time Landlord approved the same, consequential damages incurred as more fully set forth herein). In no event shall Tenant be required to remove the initial Tenant’s Improvements at the expiration or earlier termination of the Lease. Further Tenant shall be entitled to remove, replace and substitute the following items from the Premises at any time during the term of this Lease: (i) all access and security systems and related gear and (ii) all other personal property of Tenant, including furniture, fixtures and equipment (collectively, the “Tenant Personalty”). Tenant will promptly repair any damage to the Premises caused by Landlord based on any the removal of such ClaimAlterations and Tenant Personalty. All property of Tenant not removed on or before the last day of the Term shall be (including the Tenant Personalty) is deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Surrender of Premises. On the expiration date or sooner termination of the Term, Tenant shall quit and surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease Landlord, in broom-clean good order, condition and repair, reasonable wear and tear, permitted Alterations tear and damage by insured fire or casualty or condemnation excepted, and will surrender as well as all keys to the Building Premises, together with all alterations, additions and the Premises to Property Manager improvements which may have been made in, on or to the Premises, except (i) alterations, repairs, improvements and additions to the extent Landlord has required removal as provided in Paragraph 12, (ii) for the Above Standard Improvements to the extent removable by Tenant pursuant to Paragraph 3 of this lease, and (iii) movable furniture and equipment, or unattached movable trade fixtures put in at the place then fixed for sole expense of Tenant’s payment of Base Rent, or as . Landlord or Property Manager otherwise direct. further agrees that Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, not be required to remove ordinary office partition walls or carpeting that may have been installed by Tenant in the Premises Premises. In the event Landlord shall have so notified Tenant pursuant to Paragraph 12 hereof that it will require the removal of alterations, additions or on improvements as set forth above, then Tenant, prior to the Property. Prior to surrendering possession end of the Premises Tenant Term, at its sole cost and expense, shall so restore the Premises, remove therefrom all of its movable property from the Premises together with such alterations, additions and improvements, and fix and repair any and all damage or defacement to the Premises or the Building and/or lands caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s installation and/or removal of such Alterations and restoration alterations, additions, improvements, furniture, equipment, trade fixtures or any other property. Any or all of the Premises such property, alterations, additions or improvements requested by Landlord to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination be removed at the time of consent thereto (or, if no consent was required or obtained, as otherwise provided in Paragraph 12) and not so removed, at Landlord's option, shall become the exclusive property of Landlord consented to such Alterations or be disposed of whether by Landlord at Tenant's cost and expense, without further notice or not such Alternations must be removed and demand. If the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentbe not surrendered as and when aforesaid, Tenant shall upon receipt by Tenant of written request by indemnify Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim damages, loss or liability resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 therefrom, including, without limitation, any Claim claims made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claimdelay. All property of Tenant not removed on or before the last day of the Term Tenant's obligation under this Paragraph shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon survive the expiration or earlier sooner termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoTerm.

Appears in 1 contract

Samples: Agreement of Lease (Playtex Products Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interlink Electronics)

Surrender of Premises. Upon expiration of the Term, Tenant shall surrender possession of to Landlord the Premises to Landlord and all tenant improvements and alterations clean and in the same condition as existed at the expiration or earlier termination of this Lease in good orderCommencement Date, condition and repair, reasonable except for ordinary wear and tear, permitted tear and Alterations and damage by insured casualty which Tenant has the right or condemnation excepted, and will surrender all keys is obligated to remove under the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment provisions of Base Rent, or as Landlord or Property Manager otherwise direct¶14. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Propertyherein. Prior to surrendering possession of the Premises Tenant shall remove all of its personal property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any Claim made by any succeeding occupant founded on such delay alterations or Tenant’s fixtures, furnishings, equipment and other personal property before the expiration of the Term, including, but not limited tofor example, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day restoring all wall surfaces to their condition as of the Term Commencement Date. In any event, Tenant shall cause the following to be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment done prior to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tile shall be replaced; (v) all exterior and interior windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). Landlord shall can elect to retain or dispose of in any manner Tenant’s personal property not be liable removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for disposal, damage, theft, misappropriation any damage to Tenant resulting from Landlord’s retention or loss disposition of Tenant’s property resulting from the personal property. Tenant shall be liable to Landlord for Landlord’s cost for storage, removal or storage of any and disposal of Tenant’s property or in any manner in respect theretopersonal property.

Appears in 1 contract

Samples: Lsi Logic Corp

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the Tenant Improvements (exclusive of portable elements of a raised floor HVAC system, cubicles and other furniture, portable lighting, exercise equipment and other assets related to Landlord at the expiration or earlier termination foregoing) (subject to the last paragraph of this Lease SECTION 10.2) in good ordercondition, condition and repair, except for reasonable wear and tear, permitted Alterations . Reasonable wear and tear shall not include any damage by insured casualty or condemnation excepted, and will surrender all keys deterioration to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession floors of the Premises Tenant shall remove all of its property arising from the Premises and repair any damage to use of forklifts in, on or about the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by any succeeding occupant founded on proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such delay includingtermination of this Lease, but Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements which are not limited topermanently affixed (subject to the last paragraph of this SECTION 10.2). By the date which is twenty (20) days prior to such termination of this Lease, consequential damages incurred by Landlord based on any such Claim. All property shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not removed on or before to remove from the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to TenantPremises. Tenant appoints Landlord as Tenant’s agent shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to remove, at Tenant’s sole cost and expense, all of Tenant’s property be removed from the Premises upon by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the expiration Tenant Improvements) installed in or earlier about the Premises by, or on behalf of Tenant which are not permanently affixed (subject to the last paragraph of this SECTION 10.2). Tenant shall ensure that the removal of such items and the repair of the Premises will be completed prior to such termination of this Lease. Tenant and Landlord acknowledge that as of the Lease Date, approximately 2 parking spaces per 1000 square feet of leasable area are located on the Premises. Landlord shall not unreasonably withhold its consent to Tenant's construction of a parking ramp or other parking structure on the property at Tenant's sole cost and expense in compliance with (i) the requirements for construction of tenant improvements under this Lease and (ii) all applicable laws. Landlord and Tenant acknowledge and agree that as of termination or expiration of this Lease, and/or prior to any vacation of the Premises by Tenant, upon Landlord's request in Landlord's sole and absolute discretion (which request shall be liable made at least six (6) months prior to expiration of the Lease Term, except in case of default by Tenant or other early termination), Tenant shall remove all of the Tenant Improvements and otherwise take such action as may be required to make the Premises suitable for disposala Class "A" warehouse use if Tenant has not caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of leasable area, damage, theft, misappropriation or loss but Landlord acknowledges that Tenant shall not be required to make the Premises suitable for a warehouse use if Tenant has caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoleasable area.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Surrender of Premises. Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord or Landlord's right to re-enter the Premises without terminating this Lease, Tenant shall surrender possession of will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the expiration Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease in good orderLease, condition and repairall signs, reasonable wear and tearnotices, permitted Alterations and damage by insured casualty or condemnation excepteddisplays, and will surrender all keys millwork, non-movable trade fixtures, or, subject to the Section 8.3 of this Lease, any non-Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, standard tenant improvements placed in the Premises or on the PropertyBuilding. Prior Tenant agrees to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair repair, at Tenant's expense, any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to resulting from the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration any articles of the Premises to its condition prior to such Alterationspersonal property, movable business or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether trade fixtures, machinery, equipment, furniture, movable partitions or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Leasenon-Building standard tenant improvements, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, including without limitation, any Claim made repairing the floor and patching and painting the walls where reasonably required by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such ClaimLandlord. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon 's obligations under this Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord shall not be liable for disposaldeems advisable, damage, theft, misappropriation or loss (b) place such property in storage at the expense of Tenant’s . Any property resulting from of Tenant remaining in the removal Premises ten (10) days after the Expiration Date or storage earlier termination of any of this Lease will be deemed to have been abandoned by Tenant’s , and in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant, in any such manner in respect theretoas Landlord determines, at Tenant's expense.

Appears in 1 contract

Samples: Office Lease (Royal Financial Corp)

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations tear and damage by insured casualty or condemnation excepted. As used herein, and will surrender all keys to the Building and term “Tenant’s Removable Property” shall mean: (A) Cable installed for the benefit of Tenant’s use of 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Premises Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property; provided, however, with regard to clauses (A) and (B), Tenant shall not be required to remove all of its property from same unless (1) such items were installed after the Premises Commencement Date, and repair any damage (2) to the Premises or the Building caused by such removal. If extent same required Landlord’s consent to any Alterations to the Premises by before installation, Landlord notified Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented of consent that Tenant would be required to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition remove them upon the expiration or termination of this Lease. Notwithstanding the Leaseforegoing, or if Tenant made any Alterations without Landlord may, in Landlord’s prior written consentsole discretion and at no cost to Landlord, require Tenant shall upon receipt by to leave any of its Special Installations in the Premises. If Tenant fails to remove any of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases Removable Property (other than Special Installations which Landlord has designated to remain in the Landlord Parties and shall indemnify, defend Premises) within five (with counsel reasonably acceptable to Landlord), protect and hold harmless 5) Business Days after the Landlord Parties from and against any Claim resulting from termination of this Lease or of Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 includingright to possession, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removeLandlord, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting Removable Property. Tenant shall pay Landlord, upon demand, the reasonable expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the removal Premises or storage of storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s property 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, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to five (5) Business Days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or in any manner in respect theretobefore such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

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

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentTerm hereof, Tenant shall shall, upon receipt written demand by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, forthwith and with all of due diligence, remove any and all alterations, additions, or improvements to the Premises made by Tenant which remain Tenant’s property from as described beloware designated by Landlord to be removed, so that the Premises shall be surrendered upon expiration of the expiration or earlier Lease in the condition in which they were delivered to Tenant, together with such alterations, additions and improvements to the Premises as Landlord shall not have designated be removed upon termination of this Lease. Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises and other portions of the Project caused by such removal or, if Landlord so requests, pay to Landlord Landlord’s reasonable estimate of the cost thereof. In addition, upon expiration or sooner termination of the Term hereof, Tenant shall not remove its exterior sign and repair the parapet upon which such sign was erected, and pay to Landlord its reasonable estimate of the revenue that will be liable for disposallost from the Premises, damage, theft, misappropriation and other consequential damages (if any) that Landlord may suffer as a result of such removal (or loss of Tenant’s failure to comply with the obligations undertaken by it as set forth in this Paragraph 10.3). The property resulting from described in Exhibit ?? is the removal or storage type of any of property which is deemed trade fixtures and personal property which remain Tenant’s property or in any manner in respect thereto’s.

Appears in 1 contract

Samples: www.acc.com

Surrender of Premises. On the last day, or earlier permitted termination of the Lease Term, Tenant shall quit and surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in good order, and orderly condition and repair, repair (reasonable wear and tear, permitted Alterations and damage by insured fire or other casualty or condemnation excepted), and will shall deliver and surrender all keys to the Building and the Premises to Property Manager or the Landlord peaceably, together with all alterations, additions and improvement in, to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the PropertyPremises made by Tenant as permitted under the Lease. Prior to surrendering possession the expiration of the Premises Lease Term the Tenant shall remove all of its property property, fixtures, equipment and trade fixtures from the Premises Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and repair any damage Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the Lease termination and surrender hereinabove provided. Tenant shall be responsible to repair and/or replace any portion of the Premises damaged, or the Building caused which may require restoration occasioned by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration be not surrendered within sixty (60) days after the end of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentLease term, Tenant shall upon receipt indemnify Landlord against loss or liability resulting from such delay by Tenant in surrendering the Premises, including, without limitation any claims made by any succeeding tenant founded on the delay, provided Tenant is given at least 15 days notice of written request such Tenant's planned occupancy. Without limiting Tenant's liability as hereinabove referred to, in the event surrender is delayed by Tenant. Tenant shall pay to Landlord promptly restore a sum equal to one hundred twenty five (125%) percent of the Premises to its condition Annual Basic Rent and 100% of the Additional Rent payable monthly prior to such Alterations at Tenant’s expensethe expiration of the Lease Term, prorated per diem for the holdover term. Tenant hereby releases All Annual Basic Rent and Additional Rent adjustments and executory covenants as in the Landlord Parties Lease provided shall survive the Lease termination and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering surrender of the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretotheir terms.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

Surrender of Premises. Tenant shall will surrender possession of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, Basic Rent or as Landlord or Property Manager otherwise direct. Tenant shall will also inform Landlord of all combinations on of all locks, safes and vaults, if any, that will be left by Tenant in the Premises or elsewhere on the PropertyProject. Prior to surrendering possession of the Premises Tenant shall will at such time remove all of its property from the Premises and 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 or the Building caused by such removal. If Landlord’s consent to any Alterations to Tenant does not surrender the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentin accordance with this Section 17.1, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall 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 failure or delay in so surrendering the Premises in accordance with this Section 16.1 Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claimdelay. All property of Tenant not removed on or before the last day of the Term shall be is deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all 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. Landlord , and Tenant shall not be liable obligated to pay any Rent or charges for disposal, damage, theft, misappropriation or loss of such three Business Day period. Tenant’s property resulting from obligations under this Section 17.1 shall survive the removal expiration or storage earlier termination of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

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

Surrender of Premises. 84. The Tenant shall covenants to surrender possession of the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in good order, the same condition and repairas the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, permitted Alterations and damage by insured fire or the elements, and unavoidable casualty or condemnation excepted, and will agrees to surrender all keys to the Building and for the Premises to Property Manager or to the Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also rent and will inform the Landlord of all combinations on to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, floor covering or fixtures (excluding trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Property. Prior to surrendering possession part of the Premises Tenant shall then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other rxxxxxx remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of its property the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and repair fixtures without any damage liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Premises Landlord. The Tenant's obligation to observe or perform the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon covenants contained in this Lease will survive the expiration or other termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination term of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

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

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and teartear excepted. As used herein, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Base RentTenant and, or as Landlord or Property Manager otherwise directin Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall also inform Landlord not be required to remove any Cable installed by or for the benefit of all combinations on locks, safes Tenant and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon so long as Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, Cable is properly labeled or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises tagged in accordance with this Section 16.1 includingapplicable ordinances. Landlord shall, without limitationwithin 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Claim made by any succeeding occupant founded on such delay includingLeasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord asmay, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its sole and absolute discretion, it deems appropriate without Special Installations in the Premises. If Tenant fails to remove any credit or payment to Tenant. Tenant appoints Landlord as of Tenant’s agent Removable Property (other than Special Installations which Landlord has designated to removeremain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting from Removable Property. Tenant shall pay Landlord, upon demand, the removal or expenses and storage of charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s property Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in any manner Article 30]) shall be deemed to be immediately vested in respect theretoLandlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

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

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 10.1, that it will require such removal), tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures ) and the Permitted Improvements), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Surrender of Premises. Upon Lease Termination, Tenant shall --------------------- surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in good ordercondition, condition and repair, reasonable normal wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will surrender with (i) interior walls cleaned and repaired, (ii) all keys carpets cleaned and in good condition, (iii) all air conditioning, ventilating and heating equipment inspected and in good repair, (iv) all exterior walls, drop ceilings, paving, concrete, landscaping, lighting, and roofing in good condition normal wear and tear excepted, and all floors cleaned and waxed all to the Building reasonable satisfaction of Landlord. Upon demand Tenant shall reimburse Landlord for the cost of any and all damage other than normal wear and tear to the Premises. If the Premises to Property Manager or to Landlord are not surrendered at the place then fixed for Tenant’s payment of Base Rent, or Lease Termination as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused required by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentthis Section, Tenant shall upon receipt by Tenant of written request by indemnify Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim loss or liability resulting from Tenant’s 's failure or delay in surrendering to comply with the Premises in accordance with provisions of this Section 16.1 Section, including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred losses suffered by Landlord based on any such Claimdue to lost opportunities to lease the Premises to succeeding tenants. All property Landlord may, without abatement of Tenant not removed on Rentals, enter the Premises for alteration, renovation, or before decoration during the last day thirty (30) days of the Lease Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. if Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, has removed substantially all of Tenant’s property from 's, property. Not later than ninety (90) days prior to Lease Termination, Tenant shall arrange with Landlord a mutually convenient date and time for a "pre-termination" inspection and Tenant and Landlord, together, shall inspect the Premises upon and Landlord shall indicate, at that time, all alterations, improvements or additions made by Tenant that are to be removed by Tenant prior to Lease Termination. Further, Landlord shall indicate any other items that Landlord believes must be repaired, replaced or restored, pursuant to the expiration or earlier termination provisions of this Lease, by Tenant prior to Lease Termination. Landlord Landlord's failure to include any item on any list provided to Tenant at or following the pre-termination inspection shall not be liable for disposal, damage, theft, misappropriation or loss deemed a waiver of Tenant’s property resulting from the removal or storage Landlord's right to require full compliance with all Lease provisions regarding Lease Termination and surrender of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier termination of this Lease Lease, Tenant shall surrender the Premises to Landlord in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will surrender all keys to the Building and 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 shall also inform Landlord free of all combinations on locksoccupants. Tenant, safes at its sole cost and vaultsexpense, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises caused by or in connection with the removal by Tenant of any of Tenant’s personal property, business or trade fixtures, signs, machinery, equipment, cabinetwork, furniture, moveable partitions or permanent improvements or additions. Tenant hereby waives California Civil Code 1993 et seq. and authorizes Landlord to treat any property remaining on or around the Premises or the Building caused by Property as abandoned property of no value, and authorizes Landlord to remove and dispose of such removal. If Landlord’s consent property and recover from Tenant all costs and expenses Landlord incurs related to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterationsproperty or, or if Tenant did not obtain at Landlord’s determination at the time Landlord consented to sole discretion, retain such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, property. Tenant shall upon receipt by Tenant of written request by indemnify Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim Claims resulting from Tenant’s failure or delay by Xxxxxx in surrendering the Premises in accordance with this Section 16.1 includingPremises, without limitation, including any Claim Claims made by any succeeding occupant founded on tenant resulting from such delay includingdelay. Notwithstanding anything to the contrary herein, but not limited toTenant shall, consequential damages incurred by Landlord based on any such Claim. All property prior to the expiration or earlier termination of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removethis Lease, at Tenant’s sole cost expense and expensein compliance with the National Electric Code and other Applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant’s property Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Term authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Gores Metropoulos II, Inc.

Surrender of Premises. Upon the expiration or sooner termination of this Lease, Tenant shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord at broom clean and in the expiration or earlier termination of this Lease in good order, condition and repairrepair received and thereafter improved, excepting reasonable wear and tear, permitted Alterations and casualty damage by insured casualty or condemnation exceptedwhich is not Tenant’s obligation to repair hereunder, and will surrender maintenance, repair, and replacement obligations that are Landlord’s express obligations under this Lease, with all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for of Tenant’s payment personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes (other than those items installed in connection with the Tenant Improvements) and vaultsthose items, if any, in the Premises or on the Property. Prior of Alterations identified by Landlord pursuant to surrendering possession of the Premises Tenant shall remove Section 13.2, removed therefrom and all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalremoval repaired. If Landlord’s consent to any Alterations to Notwithstanding the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentforegoing, Tenant shall upon receipt by Tenant of written request by Landlord promptly not be required to remove or restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases loading doors in the Landlord Parties and shall indemnifyPremises, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against or any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by initial Landlord as, in its sole and absolute discretion, it deems appropriate without any credit Improvements or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, Improvements at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property and Alterations identified by Landlord for removal pursuant to Section 13.2, Landlord may, (without liability to Tenant for loss thereof), at Tenant’s 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 (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 not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from apply the removal or storage proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Xxxxxxxx’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term or earlier termination of this Lease Lease, Tenant shall surrender the Premises to Landlord (i) in good order, the same condition and repairrepair as received (damage by acts of God, reasonable casualty, normal wear and tear, condemnation, Hazardous Materials (other than those released or emitted by Tenant), Alterations or other interior improvements which it is permitted Alterations to surrender at the termination of this Lease and damage by insured casualty or condemnation repairs that Tenant is not responsible for under this Lease, excepted), and will surrender all keys to the Building (ii) in accordance with Section 27 hereof. Normal wear and the Premises to Property Manager tear shall not include any damage or to Landlord at the place then fixed for deterioration that would have been prevented by proper maintenance by Tenant’s payment of Base Rent, or as Landlord or Property Manager Tenant otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove performing all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalobligations under this Lease. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on On or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord , Tenant shall not be liable for disposal, damage, theft, misappropriation or loss remove (a) all of Tenant’s property resulting Property (defined below) and Tenant’s signage from the Premises, and (b) any Alterations made without Landlord’s consent and any other Alterations that Landlord may, by notice to Tenant given at the time it approves the Alterations require Tenant (at Tenant’s expense) to remove, and Tenant shall repair any damage caused by all of such removal or storage activities. “Tenant’s Property” means all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of any Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, on or before the expiration of the Term or any earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove the Cabling if Tenant receives a written notice from Landlord at least thirty (30) days prior to the expiration of the Lease authorizing all or any manner portion of the Cabling to remain in respect theretoplace, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be surrendered with the Premises upon expiration or earlier termination of this Lease. All Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered. Tenant shall indemnify, defend and hold the Indemnitees (as defined below) harmless from and against any and all Claims (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay, and (y) suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Ambarella Inc)

Surrender of Premises. All Alterations, additions, and improvements in, on or to the Premises made or installed by or for Tenant, including, without limitation, carpeting, cabinets, countertops, and sinks, shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall surrender become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale, subject to Section 19. The foregoing shall not apply to moveable equipment, trade fixtures, inventory, signs, personal property, furniture or other removable property which is owned or leased by Tenant (“Tenant’s Owned Property”). At the end of the Term or any renewal of the Term or sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations that Landlord does not require Tenant to remove by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear, subject to Section 19 above. Portions of the initial alterations installed as part of the Tenant Work, (i.e., Liebert units, computer rooms, auditoriums, laboratories, wiring, cabling, etc.), which are not Tenant’s Owned Property, shall, at the election of Landlord, and subject to Section 19, either be removed by Tenant at its expense before the expiration of the term or shall remain upon the Premises to Landlord and be surrendered therewith at the expiration date or earlier termination of this Lease in good orderas the property of Landlord without disturbance, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty molestation or condemnation excepted, and will surrender all keys to injury. If Landlord requires the Building and 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 shall also inform Landlord removal of all combinations on locksor part of said specialized Tenant improvements, safes and vaultsTenant, if anyat its expense, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to the installation of such Alterations specialized Tenant improvements. If Tenant fails to remove said specialized Tenant improvements upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand, such obligation to survive the expiration of the term. Tenant must, at Tenant’s expense. Tenant hereby releases sole cost, remove upon termination of this Lease, all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling, unless otherwise provided at the time Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless approves the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on plans for such delay including, but not limited to, consequential damages incurred by Landlord based on any such ClaimAlterations. All personal property of Tenant not removed on or before the last day of the Term by Tenant shall be deemed abandonedabandoned by Xxxxxx and Landlord reserves the right, and can be disposed of by Landlord as, in at its sole and absolute discretion, it deems appropriate without to dispose of the personality and to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the Lease termination and surrender hereinabove provided. If the Premises are not surrendered at the end of the Lease term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Premises, and Tenant shall pay to Landlord for each month or a part thereof that Xxxxxx does not vacate or surrender the Premises after the end of the term, a sum equal to 150% of the Basic Rent for the month immediately prior to the end of the term together with all items of Additional Rent and other charges with respect to the Property or Premises payable by Tenant during the last Lease Year of the Term prorated on a per diem basis based upon the actual number of days of the Holdover Period. In addition, upon thirty (30) days written notice from Landlord to Tenant that Landlord requires surrender of the Premises to Landlord to prepare or deliver the same to any credit succeeding tenant or payment occupant, and the failure of Tenant to surrender the Premises within such thirty (30) days, Tenant be liable for and shall indemnify, defend and hold Landlord harmless from all direct, out-of-pocket loss, cost, claims, liability or expense (including reasonable attorneys’ fees) arising from Tenant’s holdover which results in the inability of Landlord to timely prepare and/or timely deliver space to a third party for its occupancy, including any claims made by any succeeding tenant due in whole or part to Tenant’s holdover and additional costs incurred by Landlord, such as overtime and premium payments to contractors for construction, and other direct damages. Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration be liable for special or earlier termination consequential damages. The provisions of this Lease. Landlord Section 20 do not waive Landlord’s right of re-entry, eviction, or right to regain possession by actions of law or in equity, or any other rights or remedies and shall not be liable for disposal, damage, theft, misappropriation or loss of deemed a consent by Landlord to Tenant’s property resulting remaining in possession or be construed as creating or renewing any lease or right of Tenant between Landlord and Tenant. Notwithstanding the foregoing, in the event Landlord and Tenant are conducting good faith negotiations to extend the Term or to enter into a new lease for the Premises, Tenant shall continue making all payments at one hundred percent (100%) of the Base Rent (including Additional Rent) payable as of the last month of the Term. Upon execution of an agreement to extend the Term or upon the execution of a new lease for the Premises, Tenant shall retroactively pay the increase in Base Rent, if any, as set forth in such agreement to extend the Term or new lease. In the event good faith negotiations between the parties cease, or in the event Landlord in Landlord’s sole discretion decides not to renew the Term, and if upon thirty (30) days notice from Land lord, Xxxxxx (or any party claiming under Xxxxxx) refuses to surrender the Premises to Landlord, Landlord shall have the option to charge Tenant a sum equal to 150% of Base Rent as set forth in above from the removal or storage expiration of any such thirty (30) day notice until such time as Landlord obtains possession of the Premises from Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Verde Clean Fuels, Inc.)

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations tear and damage by insured from casualty or condemnation excepted. As used herein, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Base RentTenant and, or as Landlord or Property Manager otherwise directin Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall also inform Landlord not be obligated to remove any Cable installed by or for the benefit of all combinations on locks, safes Tenant and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Premises Building. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant shall remove all to leave any of its property from Special Installations in the Premises and repair any damage to the Premises or the Building caused by such removalPremises. If Landlord’s consent Tenant fails to remove any Alterations to the Premises by Tenant was conditioned upon of Tenant’s removal of such Alterations and restoration of Removable Property (other than Special Installations which Landlord has designated to remain in the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at Premises) within 2 days after the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, this Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the removal Premises or storage of storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s property 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, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld, conditioned or delayed), Tenant may remain in any manner 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 respect theretoeffect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Surrender of Premises. The Tenant shall covenants to surrender possession of the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in good order, the same condition and repairas the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, permitted Alterations and damage by insured fire or the elements, and unavoidable casualty or condemnation excepted, and will agrees to surrender all keys to the Building and for the Premises to Property Manager or to the Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also rent and will inform the Landlord of all combinations on to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Property. Prior to surrendering possession part of the Premises Tenant shall then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of its property the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and repair fixtures without any damage liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Premises Landlord. The Tenant's obligation to observe or perform the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon covenants contained in this Lease will survive the expiration or other termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoTerm.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and tear, permitted Alterations casualty loss and damage by insured casualty or condemnation excepted. As used herein, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) Cable installed by or for the benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. In connection with Tenant’s submission to Landlord of Tenant’s plans and specifications (or any changes to the plans and specifications) for any Leasehold Improvements (including any Alterations), Tenant may, in writing, inquire of Landlord whether any such Leasehold Improvements or Alterations, as applicable, described in the plans and specifications will constitute Special Installations (defined below). Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements (including the Tenant Work, as defined below) or Alterations to 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 shall remove all to leave any of its property from Special Installations in the Premises and repair any damage to the Premises or the Building caused by such removalPremises. If Landlord’s consent Tenant fails to remove any Alterations to the Premises by Tenant was conditioned upon of Tenant’s removal of such Alterations and restoration of Removable Property (other than Special Installations which Landlord has designated to remain in the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at Premises) within 2 days after the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, this Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting from Removable Property. Tenant shall pay Landlord, within 30 days after written notice, the removal or expenses and storage of charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s property Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in any manner Section 30]) shall be deemed to be immediately vested in respect theretoLandlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Surrender of Premises. At the expiration or sooner termination of the term of this Lease, Tenant shall surrender possession the Premises (including the Equipment) in as good a condition as exists as of the date hereof (reasonable wear and tear excepted, and subject to Sections 13 and 14), and shall surrender all keys for the Premises to Landlord at and otherwise provide such information as is reasonably necessary to effectuate an efficient transition of the expiration or earlier termination operation of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 directPremises. Tenant shall also inform Landlord of at such time remove all combinations on locks, safes and vaultsTenant’s Property, if anyrequested to do so by Landlord, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant and shall remove all of its property from the Premises and repair any damage to the Premises caused thereby, and any or the Building caused by all of such removal. If property not so removed shall, at Landlord’s consent to any Alterations to option, become the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All exclusive property of Tenant not removed on Landlord or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removeLandlord, at Tenant’s sole cost and expense, all of without further notice to or demand upon Tenant’s property from . If Tenant shall fail to vacate and surrender the Premises upon the expiration or earlier termination of this Lease. Landlord Lease as required above, then, throughout the period commencing on such expiration or earlier termination and continuing until Tenant shall not so fully vacate and surrender the Premises (such period being herein called the “Holdover Period”), Tenant shall be deemed a holdover tenant and shall be liable to Landlord for disposalRent, damageor a charge in respect of use and occupancy, theftat a per diem rate, misappropriation for each day of the Holdover Period, equal to (1) during the first 60 days of any such holdover, 150% of the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (2) for the balance of such holdover, 150% of the greater of (x) the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (y) the per diem fair market rental value of the Premises at the time in question. In addition to the foregoing, if the Premises are not surrendered as and when described above, then Tenant shall indemnify Landlord against loss or loss of Tenant’s property liability resulting from the removal delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay, provided that Landlord shall have notified Tenant in writing that the Premises have been leased to another person or storage entity and Tenant fails to vacate the Premises within thirty (30) days of receipt of such notice. Nothing herein shall be deemed to grant Tenant any right to holdover, and in no event shall the acceptance of any Rent preclude Landlord from commencing and prosecuting any holdover or eviction proceeding. The provisions of Tenant’s property this Section 22 shall survive the expiration or in any manner in respect theretosooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Credence Systems Corp)

Surrender of Premises. Tenant No act by Landlord shall be deemed an acceptance of a surrender possession of the Premises, and no agreement to accept a surrender of the Premises to Landlord at shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good orderrepair and condition, condition and repairbroom-clean, reasonable wear and teartear (and condemnation and Casualty damage not caused by Tenant, permitted Alterations as to which Sections 12 and damage by insured casualty or condemnation 13 shall control) excepted, and will surrender shall deliver to Landlord all keys to the Building Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Notwithstanding anything in this Section 19 to Property Manager or the contrary: (a) Tenant shall not be required to Landlord at remove (i) any of the place then fixed for Tenant’s payment of Base RentWork, or as (ii) any alterations or additions to which Landlord has given its written consent, unless Landlord's consent to such alterations or Property Manager otherwise directadditions was conditioned upon the removal of such items prior to the expiration or termination of this Lease; and (b) Tenant shall be entitled to remove from the Premises all furniture, accessories, computers and other equipment, mounting racks, and plants installed or placed in the Premises by Tenant. Tenant shall also inform Landlord of repair all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent All items not so removed shall be deemed to any Alterations to the Premises have been abandoned by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterationsmay be appropriated, sold, stored, destroyed, or if otherwise disposed of by Landlord without notice to Tenant did not obtain Landlord’s determination at the time Landlord consented and without any obligation to account for such Alterations items. The provisions of whether or not such Alternations must be removed and the Premises restored to its prior condition upon this Section 19 shall survive the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease (Adesso Healthcare Technology Services Inc)

Surrender of Premises. Tenant shall surrender possession Upon the expiration of the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base RentTerm, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt 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 Premises Improvements and other fixtures, such as light fixtures and HVAC equipment, wall coverings, carpeting and drapes, and Tenant’s furniture, fixtures and equipment, in or serving the Premises, whether installed by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyor Landlord, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from during the Premises upon Term. Upon the expiration or earlier termination of this Lease, such items shall become the property of Landlord and shall remain, all without compensation, allowance or credit to Tenant; provided that Tenant shall, at its expense, remove any Alterations required to be so removed by Landlord in any notice given at the time of approval of such Alterations in accordance with Article 5.C., and repair any damages to the Premises caused by such removal; and provided further that Tenant shall have the option to remove any specialty equipment, trade fixtures, and furniture, fixtures and equipment, and shall repair any damages to the Premises caused by such removal. Notwithstanding the foregoing, Tenant shall [***], except for any [***] by Tenant, and any [***] in the Premises for [***]. Notwithstanding the foregoing, 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 Tenant’s expense and Landlord shall not be liable for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping thereof. At Landlord’s option all or part of Tenant’s such property resulting from the removal or storage may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of any of Tenant’s property or in any manner in respect theretosale without payment by Landlord.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Surrender of Premises. (a) Upon the termination of this Lease, Tenant shall surrender possession of and vacate the 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made as to Roof Equipment and signage) immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, acts of God, casualties, condemnation, Hazardous Materials (other than those released by any succeeding occupant founded on such delay includingTenant), but Tenant Additions or other improvements which Tenant is not limited to, consequential damages incurred required to remove at the termination of the Lease and damage caused by Landlord based on excepted. Under no condition shall Tenant be required to remove any such Claimof the initial Tenant Improvements constructed in the Premises. All Tenant shall deliver to Landlord all keys to the Premises and the Building. Tenant shall remove from the Premises all movable personal property of Tenant not removed on or before the last day of the Term and Tenant's trade fixtures. Tenant shall be deemed abandonedentitled to remove such Tenant Additions, which at the time of their installation Landlord and can Tenant agreed may be disposed of removed by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord shall also remove such other Tenant Additions as Tenant’s agent to removerequired by Landlord, at Tenant’s sole cost and expense, including any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property damage resulting from the removal or storage of any of Tenant’s 's property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises and the Building. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease or their installation, as the case may be. In the event Tenant shall fail to remove those item described above, Landlord may (but shall not be obligated to), at Tenant's expense, remove any of such property and store, sell, or in any manner in respect theretootherwise deal with such property as provided by law.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Surrender of Premises. Tenant shall surrender possession On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to Landlord make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the expiration or earlier Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such removal. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear, permitted Alterations tear and damage from fire and other casualty not caused by insured casualty Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or condemnation exceptedstorage of abandoned property and with respect to restoring said Premises to good order, condition and will repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. Lessee shall promptly surrender all keys to the Building and for the Premises to Property Manager or to Landlord Lessor at the place then fixed for Tenant’s the payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant rent and shall also inform Landlord Lessor of all the combinations on locks, safes and of any vaults, if any, in the Premises or locks and safes left on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Office Lease (Jda Software Group Inc)

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term or earlier termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will Tenant shall surrender all keys to the Building and the Premises to Property Manager Landlord (a) in at least as good of condition and repair as of the Commencement (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or to Landlord at the place then fixed for deterioration that would have been prevented by proper maintenance by Tenant’s payment of Base Rent, or as Landlord or Property Manager Tenant otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove performing all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalobligations under this Lease. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on On or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord , (i) Tenant shall not be liable for disposal, damage, theft, misappropriation or loss remove all of Tenant’s property resulting Property (as hereinafter defined) and Tenant’s signage from the Premises and the other portions of the Project, and (ii) Landlord may, if notice was provided to Tenant at the time of granting Landlord its consent as required under Section 10.1, or if Tenant did not then request such decision by Landlord pursuant to Section 10.1 then by notice given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required, require Tenant, at Tenant’s expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises. Tenant shall repair any damage caused by such removal or storage of any the Tenants Property and the requested Alterations. For purposes hereof, the term “Tenant’s Property” shall mean and refer to all equipment, trade fixtures, furnishings, inventories, goods and personal property of Tenant Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in any manner in respect thereto.accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below)

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

Surrender of Premises. Section 19.1. Upon the expiration or sooner termination of this Lease, Tenant shall surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in good orderDemised Premises, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, all carpeting, additions, alterations, improvements, apparatus and fixtures, in good and broom clean condition and repair, as aforesaid in Section 10.1 hereof; provided, however, that Tenant (i) shall be required 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 each instance, Tenant shall remove any Claim made Tenant's Work which has been designated in any notice from Landlord to Tenant in accordance with the provision of Section 5.11 and restore the affected portion of the Demised Premises to their original condition at Tenant's expense.. Any unattached moveable fixtures and furniture installed by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on by Tenant upon the expiration or before the last day sooner termination of the Term Lease as aforesaid for any reason whatsoever shall be deemed abandonedbecome the property of Landlord, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removemay thereafter, at Tenant’s 's sole cost and expense, all of Tenant’s cause such property to be removed from the Premises upon Demised Premises. Landlord shall not in any manner 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 Tenant under the foregoing provisions of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoSection.

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier termination of the Term of this Lease Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in neat and clean condition and in good order, condition and repair, reasonable together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and tear, permitted Alterations use and damage by insured fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or condemnation excepted, and will surrender all keys to the Building and 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 directrestore. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from Tenant's Removable Property, all wiring and cabling installed by Tenant prior to or during the Term and, to the extent specified by Landlord, all alterations and additions made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damage damages to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to Any Tenant's Removable Property which shall remain in the Building or on the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon after the expiration or termination of the LeaseTerm of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or if Tenant made any Alterations without Landlord’s prior written consentmay be disposed of in such manner as Landlord may see fit, Tenant shall upon receipt by Tenant of at Tenant's sole cost and expense. At Tenant's written request by delivered at the time Tenant requests Landlord's approval of any Tenant Alterations, Landlord promptly restore the Premises to its condition prior to shall notify Tenant which portions, if any, of such Tenant Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred wiring and cabling) must be removed by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Leasethe Term. Landlord At the end of the Term, Tenant shall not be liable for disposal, damage, theft, misappropriation required to remove any wiring or loss cabling existing in the Premises as of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretodate hereof.

Appears in 1 contract

Samples: Lease (Compbenefits Corp)

Surrender of Premises. (a) On the expiration date or sooner termination of the Term, Tenant shall deliver to Landlord all keys to the Premises which are in its possession and/or control, shall quit and surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in broom-clean, good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, in compliance with all applicable governmental laws, rules, regulations and will surrender other requirements, including but not limited to, all keys Environmental Acts, together with all alterations, additions and improvements which may have been made in, on or to the Building Premises, except for movable furniture and the Premises to Property Manager equipment, or to Landlord unattached movable trade fixtures put in at the place then fixed for sole expense of Tenant’s payment of Base Rent; provided, or as Landlord or Property Manager otherwise direct. however, that Tenant shall also inform ascertain from Landlord, at least thirty (30) days prior to the end of the Term, whether Landlord of all combinations on locks, safes and vaults, if any, in desires to have the Premises or on any part thereof restored to the Propertycondition in which it was originally delivered to Tenant, ordinary wear and tear excepted. Prior If Landlord shall desire, then Tenant, prior to surrendering possession the end of the Premises Tenant Term, at its sole cost and expense, shall restore the Premises, remove therefrom all of its property from the Premises together with such alterations, additions and improvements as may be requested by Landlord, and fix and repair any and all damage or defacement to the Premises or the Building caused by the installation and/or removal of alterations, additions, improvements, furniture, equipment, trade fixtures or any other property. Any or all of such removalproperty, alterations, additions or improvements not so removed, at Landlord's option, shall become the exclusive property of Landlord and/or may be disposed of by Landlord, at Tenant's cost and expense, without further notice or demand. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations is not surrendered as and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentwhen aforesaid, Tenant shall upon receipt by Tenant of written request by indemnify Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim damages, loss or liability resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 therefrom, including, without limitation, any Claim claims made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claimdelay. All property of Tenant not removed on or before the last day of the Term Tenant's obligation under this Paragraph shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon survive the expiration or earlier sooner termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoTerm.

Appears in 1 contract

Samples: Lease Agreement (United Auto Group Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements, excluding the improvements installed by Tenant in Exhibit J, unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. Tenant shall surrender deliver the Premises (together with all Tenant Improvements, alterations and other improvements made by or on behalf of Tenant) to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant's right of possession of the Premises in good condition, less ordinary wear and tear, or damage from casualty, excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof upon demand. All installations (including low voltage cabling), alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant (“Fixtures”), in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord's property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant. At the time of approving alterations in good orderaccordance with Section 10 or the Tenant Improvements Work in Section 21, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty Landlord may identify in writing to Tenant that such alterations must be removed or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord restored at the place then fixed for Tenant’s payment end of Base Rent, or as Landlord or Property Manager otherwise directthe term. Tenant shall also inform otherwise have no obligation to remove the Tenant Improvements or any alterations or improvements under this Section 9 that have been approved by Landlord in writing pursuant to Section 10 unless identified by Landlord in accordance with the immediately preceding sentence. If Tenant fails to comply with the provision of this paragraph, all combinations on locks, safes personal property and vaults, if any, in the Premises or on the Property. Prior to surrendering possession equipment of the Premises Tenant shall be deemed abandoned and Landlord may remove all of its property from the Premises same upon two (2) business days’ notice and repair any damage Tenant shall, upon demand, pay to Landlord the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal cost of such Alterations removal and of any necessary restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Commencement Date Agreement (Duolingo, Inc.)

Surrender of Premises. On the expiration date or sooner termination of the Term, Tenant shall deliver to Landlord all keys to the Premises which are in its possession and/or control, shall quit and surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in broom-clean, good order, condition and repair, reasonable wear and tear, permitted Alterations tear and damage by insured any casualty occurrence or condemnation elements excepted, and will surrender in compliance with Tenant's Environmental Law obligations as hereinafter defined in Paragraph 47 of this lease, together with all keys alterations, additions and improvements which may have been made in, on or to the Building Premises, by Landlord or by Tenant ("Improvements") except for movable furniture and the Premises equipment, or unattached movable trade fixtures, its racks ("Personal Property"), and those Improvements made by Tenant that Tenant elects to Property Manager or remove; provided, however, with respect to Landlord Improvements made by Tenant other than Tenant's racks, Tenant shall ascertain from Landlord, at the place then fixed time it obtains Landlord's consent for Tenant’s payment of Base Renteach such Improvement, or as whether Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes desires to have any such Improvement(s) removed and vaults, if any, in to have the Premises or on any part thereof restored to the condition in which it was originally delivered to Tenant, ordinary wear and tear excepted. If Landlord fails to so advise Tenant, Landlord shall be deemed to have not elected to require the removal of such Improvement(s). If Landlord shall so desire to have any Improvement(s) removed or if Tenant shall elect to remove any such Improvement(s) (even if Landlord does not want them to be removed) by notice delivered to Landlord not less than three (3) months prior to the Termination Date, then Tenant, prior to the Termination Date, at its sole cost and expense, shall remove therefrom all such Improvements as may be requested by Landlord or desired by Tenant, together with its Personal Property. Prior , and fix and repair any and all damage or defacement to surrendering possession the Premises caused by the installation and/or removal of Improvements or Personal Property and to the extent the installation of such Improvement or Personal Property replaced some portion of the Premises Tenant shall remove all of its property from as constructed by the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly repair or restore the Premises to its condition prior to the installation of such Alterations Improvements or Personal Property, reasonable wear and tear excepted. Any or all of such Personal Property or Improvements not so removed, at Tenant’s expense. Tenant hereby releases Landlord's option, shall become the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All exclusive property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can Landlord and/or may be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removeLandlord, at Tenant’s sole 's cost and expense, all of without further notice or demand. Tenant’s property from the Premises upon 's obligation under this Paragraph shall survive the expiration or earlier sooner termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoTerm.

Appears in 1 contract

Samples: Lease Agreement (Di Giorgio Corp)

Surrender of Premises. Tenant shall surrender possession Subject to the provisions of the Premises to Landlord Section 8, at the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord with those portions of the Premises which Tenant is responsible to maintain under subsection 16.2 in broom-clean condition, in substantially as good condition as when Tenant received the Premises from Landlord, subject to: (a) reasonable wear and tear; (b) damage by fire or other casualty which is not Tenant's responsibility to repair; (c) Landlord's repair, maintenance and replacement obligations; and (d) damage or deterioration caused by the negligence of Landlord or other occupants of the Shopping Center, or any of their agents, employees, contractors, customers or invitees. Tenant shall not be required to remove any additions or alterations or restore the Building or the Premises to their original condition at the expiration or earlier termination of this Lease; provided, however, if the Lease in good orderis terminated because of Tenant's default within ten (10) years after the Rent Commencement Date, condition and repairTenant shall restore the Premises to substantially its original condition, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall promptly remove all of its property from equipment in the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Unless Landlord provides to Tenant, within thirty (30) days following the expiration or earlier termination of this Lease, a notice stating that the Premises were not surrendered in the condition required by this Lease and specifically listing the portions of the Premises which are not in such condition, the Premises shall be deemed to have been surrendered in the condition required by this Lease. At the expiration or earlier termination of the Lease, Tenant shall assign to Landlord all warranties for property which remains in the Premises. Any alterations, equipment or personal property remaining in the Premises after the termination of the Lease, described in Landlord's notice and not timely removed by Tenant, shall be deemed abandoned and may be removed and disposed of by Landlord at Tenant's cost and expense, which cost and expense shall be paid within thirty days after demand. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of have no obligation to store any of Tenant’s property or in any manner in respect theretosuch items.

Appears in 1 contract

Samples: Center Lease (Nbi Inc)

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Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord at Landlord, by whomsoever made, in substantially the expiration same condition as received, or earlier first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease in good orderLease, condition remove all movable furniture, trade fixtures and repairequipment belonging to Tenant, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rentsole cost, or as Landlord or Property Manager otherwise direct. provided that Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair repairs any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the Premises by Tenant was conditioned upon Tenant’s removal of same shall thereupon pass to Landlord. Upon such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentTerm, Tenant shall upon receipt demand by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations Landlord, at TenantLandlord’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend election either (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant’s property from , designated by Landlord to be removed (provided, however, that upon the Premises written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or earlier sooner termination of this Lease. ), and restore the Premises to its original condition as of the Delivery Date, subject to the foregoing; or (ii) pay Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoreasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Omnivision Technologies Inc)

Surrender of Premises. Upon the expiration or termination of this Lease, Tenant shall surrender possession to Landlord the Premises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 15 below, with all fixtures appurtenant thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”) free and clear of any occupants or tenancies (including subtenancies) and, subject to Section 13, in compliance with Laws (including, without limitation, Environmental Laws) and all Encumbrances and in as good condition and repair as existed as of the Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repairCommencement Date, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will surrender all keys to the Building any new buildings, alterations, improvements, replacements or additions constructed by Tenant and the Premises to Property Manager or to Landlord remaining at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if anyPremises, in the Premises same or better condition as when completed, reasonable wear and tear excepted. For the avoidance of doubt, to the extent there is a bank vault in the Premises, Tenant shall have no obligation to remove such vault on surrendering the Premises. At the end of the Term, all Alterations will belong to Landlord, unless they are Tenant’s Personal Property. Any of Tenant’s Personal Property installed or placed on the PropertyPremises by Tenant or any subtenant or assignee of Tenant, if not removed within thirty (30) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects, after five (5) business days prior written notice to Tenant. Prior If Landlord shall not so elect, Landlord, after five (5) business days prior written notice to surrendering possession of the Premises Tenant shall Tenant, may remove all of its such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair any and restore and save Landlord harmless from all damage to the Premises or the Building caused by such removal. If removal by Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)

Surrender of Premises. Tenant shall surrender possession Section 4.2 of the Premises Lease is amended in relevant part 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if anyprovide that, in the Premises or event Tenant constructs the Playground on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Leased Premises in accordance with this Section 16.1 the Lease, upon the termination or 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 the Lease or the Term thereof, Tenant shall promptly remove the Playground and any and all site improvements constructed on the Leased Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay includingfencing, but not limited toground surfacing and paved pathways (collectively, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day “Site Improvements”), and restore the Leased Premises to substantially the same condition that existed prior to the construction of the Term shall be deemed abandonedPlayground. In the event Tenant fails to remove the Playground and Site Improvements, and can be disposed of by restore the Leased Premises as provided herein, after thirty (30) days’ written notice from Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment 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 restoration to Tenant, whereupon Tenant shall promptly reimburse Landlord for such costs. Tenant appoints Landlord The provisions of Section 4.2 of the Lease, as Tenant’s agent to removeamended hereby, at Tenant’s sole cost and expense, all shall survive the termination or expiration of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease

Surrender of Premises. Tenant shall surrender possession Upon the earlier to occur of the Premises to Landlord at (i) the expiration or earlier of this Lease, (ii) the termination of this Lease, or (iii) following a Tenant default, Landlord’s exercise of its right to re-enter or re-let the Premises without terminating this Lease (the earlier of all such days is herein referred to as the “Required Surrender Date”), Tenant shall immediately surrender to Landlord the Premises, including all alterations and improvements to the Premises and all other property required to be left as otherwise provided in this Lease, all of which shall be in good order, repair and condition and repairbroom clean, reasonable ordinary wear and teartear and damage caused by casualty or eminent domain, permitted or other damage which Landlord is obligated to repair excepted. Notwithstanding the preceding sentence, Landlord, at the time of its approval of Tenant Alterations in accordance with Section 6.02.C of these Supplemental Lease Provisions or at the time of its approval of any improvements to the Premises pursuant to a Work Letter (“Tenant Improvements”), may require that some or all of the Tenant Alterations or Tenant Improvements, as applicable be removed upon lease expiration or termination. In such event, Tenant shall, at the time of the surrender of the Premises as set forth in this paragraph A., remove at its expense any such Tenant Alterations and damage by insured casualty or condemnation exceptedTenant Improvements (collectively “Tenant Alterations Required to be Removed”), and will surrender all keys to the Building and the Premises to Property Manager or to unless Landlord at the place then fixed for Tenant’s payment of Base Rentwaives such requirement, or as Landlord or Property Manager otherwise directin writing. Tenant shall also inform Landlord of all combinations on locksat its expense, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and promptly repair any damage caused to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon in connection with Tenant’s removal of such Alterations and restoration surrender of the Premises and/or the removal of Tenant Alterations Required to its condition prior be Removed. If Tenant fails to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and surrender the Premises restored to its prior in the condition upon the expiration aforesaid or termination of the Leaserepair any such damage, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by then Landlord promptly may restore the Premises to its such a condition prior to and/or make such Alterations repairs, as applicable, at Tenant’s expense. Notwithstanding anything contained herein to the contrary, it is agreed that Tenant hereby releases Alterations Required to be Removed shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. In addition, the alterations which are to be performed by Landlord in connection with the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord Work shall not be liable for disposala Tenant Alteration Required to be Removed, damageexcept that if any changes are made to the current Construction Plans (as defined in the Work Letter), theft, misappropriation or loss Landlord may designate any alterations performed in connection with such change as a Tenant Alteration Required to be Removed at the time of TenantLandlord’s property resulting from the removal or storage approval of any of Tenant’s property or in any manner in respect theretosuch change.

Appears in 1 contract

Samples: Office Lease Agreement (MiddleBrook Pharmaceuticals, Inc.)

Surrender of Premises. On expiration of the Term or the earlier termination of this Lease in accordance with its terms, Tenant shall quit and surrender possession of the Premises to Landlord, broom clean, in good order, condition and repair as required by Section 10(d), with all of Tenant’s movable equipment, telecommunications and data equipment and wiring, furniture, trade fixtures and other personal property removed therefrom. Tenant shall reimburse Landlord at upon the expiration or earlier termination of the Term of this Lease for the reasonable cost of removing all telecommunications and data cabling installed in the Premises by, or for the use of, Tenant. Unless Tenant has obtained Landlord’s agreement in writing that it can remove an Alteration or item of Tenant Improvements, or unless Landlord has elected to require pursuant to the provisions hereof that all or certain non-permanent Alterations be removed by Tenant, all Alterations and Tenant Improvements shall be surrendered with the Premises in good order, condition and repair, subject to reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys tear (but only to the Building and an extent consistent with the Premises remaining in good condition and repair) and casualty damage that is not required 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises be repaired by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expensehereunder. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All Any property of Tenant not removed on or before the last day hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of the Term shall be deemed abandonedsame in any manner permitted by law. If Landlord desires to have the Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any non-permanent Alteration thereto, Landlord shall, subject to the provisions of Section 10(c), so notify Tenant in writing not later than sixty (60) days prior to the expiration of the Term; and can be disposed upon receipt of by Landlord assuch notice, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to removeshall, at Tenant’s sole cost and expense, so restore the Premises, or such part or parts thereof, before the end of the Term. Tenant shall repair at its sole cost and expense, all damage caused to the Premises or the Project by removal of Tenant’s property movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required pursuant to the provisions hereof to remove from the Premises upon by Landlord. If, following the expiration or earlier termination of this Lease. , the Premises is not surrendered in the manner and condition herein specified, then: (i) Landlord may, after ten (10) days written notice to Tenant, perform the obligations which Tenant failed to perform, and Tenant shall not reimburse Landlord for all expenses incurred by Landlord in performing such obligations, including an administration fee equal to ten percent (10%) of the aggregate of such expenses, such reimbursement to be liable made within ten (10) days of the receipt by Tenant of a written request from Landlord for disposalsuch reimbursement, damageaccompanied by reasonable evidence of the expenses incurred by Landlord; and (ii) Tenant shall indemnify, theftdefend, misappropriation protect and hold Landlord harmless against all loss, liability, claim, cost or loss of expense (including attorneys’ fees) resulting from or caused by Tenant’s property resulting from failure in so surrendering the removal Premises in such manner or storage condition, including, without limitation, any claims made by any succeeding tenant due to such failure, provided that such indemnity shall be effective only if such failure continues for a period of any greater than ninety (90) days following the expiration or earlier termination of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Lease (Health Net Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of the time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of the forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions and other improvements unless Landlord request, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions, and other improvements which Landlord shall require Tenant not to remove the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furnishings, additions and improvements which are to be liable for disposalremoved from the Premises by the Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Surrender of Premises. Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall surrender possession of remain upon the Leased Premises to Landlord at the expiration or earlier termination of this Lease in good orderand shall become the property of Landlord unless Landlord shall, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease, give written notice to Tenant to remove such alterations, improvements and additions. Tenant shall repair any damage caused by the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made, reasonable wear and tear excepted. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage wh6n required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall not be liable for disposalpaid by Tenant to Landlord as Additional Rent. Any personal property which shall remain in the Leased Premises or any part thereof after the expiration or earlier termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as Landlord's property or may be disposed of in such manner as Landlord may see fit, damageprovided that notwithstanding the foregoing Tenant shall, theftupon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, misappropriation or loss of Tenant’s property resulting promptly remove from the removal or storage of Building any of such personal property at Tenant’s 's own cost and expense. Should Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's property. The covenants contained in any manner in respect theretothis Section 17 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Surrender of Premises. (a) At the end of the Term, or any renewal or extension thereof, Tenant shall surrender possession the Premises to Landlord, together with all alterations, additions, renovations and improvements thereto, in broom-clean condition and in good order and repair except for ordinary wear and tear and damages which Tenant is not obligated to repair hereunder and which Tenant or its servants, agents, employees, licensees or invitees has not caused, failing which Landlord may restore the Premises to such condition and Tenant shall pay the cost of said repair and restoration. If not then in default as to the payment of any Rent or Additional Rent due and owing hereunder, Tenant shall have the right at the end of the Term to remove any personal property and trade fixtures to the extent permitted in Section 12 hereof. Tenant's goods, effects, personal property, business and trade fixtures, machinery and equipment not removed by Tenant at the expiration or other termination of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default) shall be considered abandoned and Landlord may dispose of the same as it deems expedient, but Tenant shall promptly reimburse Landlord for any expenses incurred by Landlord in connection therewith including without limitation the cost of removal thereof and repairing any damage occasioned by such removal. Tenant shall surrender the Premises to Landlord at the expiration or earlier termination end of this Lease in good orderthe term hereof, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation exceptedwithout notice of any kind, and will surrender Tenant waives all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent right to any Alterations such notice as may be provided under any laws now or hereafter in effect. Tenant's obligation to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, observe or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon perform this covenant shall survive the expiration or other termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Surrender of Premises. On the Expiration Date, Tenant shall quit and surrender possession the Demised Premises together with all alterations, fixtures (except trade fixtures, it being understood that, if Tenant removes trade fixtures, Tenant shall exercise reasonable care in doing so, and the Demised Premises shall be restored to the condition it was in prior to the installation of the trade fixtures, reasonable wear and tear excepted), installations, additions and improvements which may have been made in, annexed or otherwise attached thereto, broom clean, and in good condition and repair, ordinary wear and tear excepted, and except for damage by fire or other casualty which Landlord is required to repair hereunder, unless Landlord provides otherwise in writing. Notwithstanding anything contained in this Lease, unless otherwise requested by Landlord to Tenant in writing prior to the end of the Term, Tenant shall be required, on or before the end of the Term and at Tenant’s cost and expense, to remove all Atypical Alterations (as defined in below) made in connection with the initial Tenant Work for any of the Demised Premises and to Landlord at restore such portion of the expiration Demised Premises affected by such Atypical Alterations, and the removal thereof, to the condition prior to such initial Tenant Work and otherwise in the condition required under this Lease. Any personal property of Tenant, or earlier any subtenant or occupant, which shall remain in or on the Demised Premises later than 15 days after the termination of this Lease (except if the Lease is terminating on the natural expiration of the Term or pursuant to Section 4.03 hereof, in good orderwhich case such 15 day grace period shall not be applicable) and the removal of such Tenant, condition subtenant or occupant from the Demised Premises, may, at the option of Landlord and repairwithout notice, reasonable wear and tearbe deemed to have been abandoned by such Tenant, permitted Alterations and damage by insured casualty subtenant or condemnation exceptedoccupant, and will surrender all keys to the Building and the Premises to Property Manager may either be retained by Landlord as its property or to Landlord at the place then fixed for Tenant’s payment of Base Rentbe disposed of, or without accountability, in such manner as Landlord or Property Manager otherwise directmay see fit. Tenant shall also inform reimburse Landlord of all combinations on locks, safes and vaults, if any, in the Premises for any cost or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages expense incurred by Landlord based on any such Claim. All property of Tenant not removed on or before in carrying out the last day of foregoing which obligation shall survive the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseExpiration Date. Landlord shall not be liable responsible for disposalany loss or damage occurring to any such property owned by Tenant or any subtenant or occupant. An “Atypical Alteration” means, damagecollectively, theftany alterations, misappropriation additions or loss improvements to the Demised Premises which are not typical alterations, additions or improvements found in similar, Class A office buildings occupied by more than one tenant, including by way of Tenant’s property resulting from illustration only and not of limitation, (i) any wet laboratories or (ii) anything which could materially adversely affect the removal or storage of any of Tenant’s property or Xxxxxxxxx underfloor duct system installed in any manner in respect theretothe Building.

Appears in 1 contract

Samples: Lease (Authentidate Holding Corp)

Surrender of Premises. 10.6.1 At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender possession of the Premises to Landlord broom swept, in first-class condition and repair (damage by acts of God, casualty, 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 released or disposed of from, the Premises for which Tenant is liable or responsible for pursuant to this Lease and released of all Hazardous Materials Permits (collectively, “Hazardous Materials Operations”). At least six (6) months prior to the Expiration Date, 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 this Lease in good orderthe Term, condition free from any residual impact from the Hazardous Materials Operations and repair, reasonable wear otherwise released for unrestricted use and tear, permitted Alterations occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and damage permits held by insured casualty or condemnation exceptedon behalf Tenant or any Tenant Party with respect to the Premises, and will surrender (ii) all keys Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the Building review and approval of Landlord’s environmental consultant, such approval not to be unreasonably withheld or delayed. In connection with the Premises to Property Manager or review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord at or its consultant such additional non-proprietary information concerning the place then fixed for Tenant’s payment of Base Rent, or Hazardous Materials Operations as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of mortgagee shall reasonably request. On or before such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentsurrender, Tenant shall upon receipt by Tenant of written request by deliver to Landlord promptly restore evidence that the Premises approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to its condition prior to such Alterations reimbursement at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyexpense as set forth below, defend (with counsel reasonably acceptable to cause Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering environmental consultant to inspect the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.and

Appears in 1 contract

Samples: Neurocrine Biosciences Inc

Surrender of Premises. Upon the expiration or sooner termination of this Lease, or upon the early termination of Tenant’s right to occupy the Premises, Tenant shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord at the expiration or earlier termination of this Lease broom clean and in good order, condition and repair, reasonable wear and teartear excepted (and casualty damage excepted), permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender with all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for of Tenant’s payment personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes (to be removed in accordance with the National Electric Code and vaultsother applicable Laws) and those items, if any, in the Premises or on the Property. Prior of Alterations identified by Landlord pursuant to surrendering possession of the Premises Tenant shall remove Section 13.1, removed therefrom and all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalremoval repaired. If Landlord’s consent to any Alterations Notwithstanding anything contained herein to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterationscontrary, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole discretion and absolute discretion, it deems appropriate without any credit or payment upon thirty (30) days written notice to Tenant, may require removal of the interior stairwell, if any, by either Tenant or Landlord, but in either event at the sole expense of Tenant. If Tenant appoints Landlord as fails to remove by the expiration or sooner termination of this Lease, or upon the early termination of Tenant’s agent right to removeoccupy the Premises, all of its personal property and Alterations identified by Landlord for removal pursuant to Section 13.1, Landlord may, (without liability to Tenant for loss thereof), at Tenant’s sole cost and expense, all of Tenantin addition to Landlord’s property from the Premises upon the expiration or earlier termination of 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 (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 not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from apply the removal or storage 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 removal, storage and/or sale of such items), with any remainder to be paid to Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises Premises. Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and Improvements which Landlord has agreed in writing with Tenant not to remove, to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has agreed with Tenant in writing, at the time set forth in Section 10.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has agreed with Tenant, in writing,) unless Landlord and Tenant agree in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord and Tenant shall agree in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord falls to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, Lease Agreement dated December 16, 2002. equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord based at the time of installation) installed in or about the Premises by, or on any behalf of Tenant. Tenant shall cause the removal of such Claim. All property of Tenant not removed on or before items and the last day repair of the Term Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant’s racking and in-rack sprinkler systems shall be deemed abandoned, and can to be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all part of Tenant’s property trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Renegy Holdings, Inc.)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage pursuant to the Premises Article 3 hereof. Tenant's obligation to observe or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon perform this covenant shall survive the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expenseTerm. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be deemed abandonedsubstantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and can will be disposed impossible to accurately measure. Tenant therefore agrees that if possession of by the Premises is not surrendered to Landlord aswithin twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in its sole addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and absolute discretion, it deems appropriate without for each portion of any credit or payment to Tenant. month during which Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from holds over in the Premises upon after the expiration Expiration Date or earlier sooner termination of this Lease, a sum equal to two (2) times he aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall not be liable for disposaldeemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, damage, theft, misappropriation which provisions shall survive the Expiration Date or loss sooner termination of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises to Landlord Premises, Tenant will at the expiration or earlier termination of this Lease in good order, condition once surrender and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and deliver up the Premises to Property Manager or Landlord, together with the fixtures (other than trade fixtures), all then existing additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises good condition and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition, excepting for reasonable wear and tear and damage by Landlord based on casualty. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements (excluding the initial tenant improvements) unless Landlord requests, in writing, that Tenant not remove some or all of such trade fixtures, furniture, furnishings, additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures, alterations, furniture, furnishings, trade fixtures, additions and other improvements (excluding the initial tenant improvements) which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftfixtures, misappropriation alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and teartear excepted. As used herein, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) Cable installed by or for the benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Premises Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant shall remove all and, in Landlord’s reasonable judgment, are of its property from the Premises a nature that would require removal and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration costs that are materially in excess of the Premises removal and repair costs associated with standard office improvements (“Special Installations”) provided that Landlord identifies such Special Installations by written notice to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord consented may, in Landlord’s sole discretion and at no cost to such Alterations Landlord, require Tenant to leave any of whether or not such Alternations must be removed and its Special Installations in the Premises restored Premises. If Tenant fails to its prior condition upon remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the expiration or Premises) within 2 Business Days after the termination of the Lease, this Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s property Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned and may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the expiration or earlier Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises as provided above) shall be removed by Tenant within 2 Business Days after the termination of this Lease. Landlord Tenant shall not be liable for disposal, damage, theft, misappropriation repair damage caused by the installation or loss removal of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoRemovable Property.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove (the parties hereby agreeing that certain clean room trade fixtures and/or certain mechanical components thereof may be retained by Tenant, subject to review between Landlord and Tenant herein), 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any such Claim. All property damage or deterioration to the floors of Tenant not removed the Premises arising from the use of forklifts in, on or before about the last day Premises (including, without limitation, any marks or stains of any portion of the Term shall be deemed abandonedfloors), and can be disposed of any damage or deterioration that would have been prevented by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit proper maintenance by Tenant or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove any items that are part of the Tenant Improvements of which Landlord has notified Tenant, at the time of Tenant's installation of the Tenant Improvements, that Landlord will require be removed by Tenant (the "Removed TI's"), all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of any Removed TI's and such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be liable for disposalremoved from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, damagethen Tenant shall remove all tenant signage, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or loss about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at the Upon expiration or earlier 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 a clean, good orderand leaseable condition, condition except for (i) damage not caused by the acts of Tenant, its agents, employees, contractors or invitees and repair, reasonable (ii) ordinary wear and tear, permitted Alterations . Charges incurred by Landlord for removal of boxes and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and debris left in the Premises which exceed normal janitorial costs shall be charged to Property Manager Tenant. Movable trade fixtures, personal property and all telephone, communication and data lines and cables (collectively, “Telecommunication Equipment”) owned, installed or caused to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. be installed by Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises elsewhere, shall be removed by Tenant in a good and workmanlike manner provided, however, that Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to ; except in the event the Premises by was delivered to Tenant was conditioned with existing Telecommunication Equipment, Tenant shall not be required to remove any Telecommunication Equipment upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease. All items authorized to be removed but subsequently not removed shall, at Landlord’s option, be conclusively presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord without any payment or credit, and Landlord may, at its option, either store or dispose of these items at Tenant’s expense. Except as otherwise noted herein, if Tenant any alterations or improvements are made any Alterations by Tenant, with or without Landlord’s prior written consentapproval, Tenant shall will, at its expense and upon receipt by Tenant of written request by Landlord promptly Landlord, restore the Premises to its condition prior to such Alterations original condition. Landlord will inform Tenant at Tenant’s expense. Tenant hereby releases the time of plan approval whether Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises will require removal upon the Lease expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation any alterations or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoimprovements that Tenant desires to install.

Appears in 1 contract

Samples: Office Building Lease (GrubHub Inc.)

Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the terms of Sections 23 and 36, subject to Normal Wear and Tear and the rights and obligation of Tenant concerning casualty damage pursuant to Section 22, 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 (provided, however, Landlord shall be entitled to charge Tenant for such repairs and replacements to the extent provided in Section 3). Tenant shall, at Tenant’s sole cost upon the expiration of the Term or earlier sooner termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its trade fixtures, equipment, IT/cabling, movable furniture, furniture partitions, furnishings, signage, supplies, wall decorations, placards or other personal property from the Premises belonging to Tenant and repair any damage to the Premises or the Building caused by such removal. If Property not so removed shall be deemed abandoned by Tenant, and title to the same shall thereupon, at Landlord’s consent option, pass to any Alterations Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the Premises by Tenant was conditioned upon Tenant’s removal provisions of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentSection 6, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost cost, any or all Alterations to the Premises installed by or at the expense of Tenant and expense, all repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Landlord upon the lien free completion of Tenant’s Work, and the balance of Tenant’s Work shall be surrendered to and become the property from of Landlord on the Premises upon the expiration Expiration Date or earlier sooner termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Sublease Agreement (PubMatic, Inc.)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage pursuant to the Premises or the Building caused by such removalArticle 3 hereof. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises obligation to its condition prior to such Alterations, observe or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon perform this covenant shall survive the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expenseTerm. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be deemed abandonedsubstantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and can will be disposed impossible to accurately measure. Tenant therefore agrees that if possession of by the Premises is not surrendered to Landlord aswithin twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in its sole addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and absolute discretion, it deems appropriate without for each portion of any credit or payment to Tenant. month during which Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from holds over in the Premises upon after the expiration Expiration Date or earlier sooner termination of this Lease, a sum equal to three (3) times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall not be liable for disposaldeemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, damage, theft, misappropriation which provisions shall survive the Expiration Date or loss sooner termination of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage pursuant to the Premises Article 3 hereof. Tenant's obligation to observe or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon perform this covenant shall survive the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expenseTerm. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be deemed abandonedsubstantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and can will be disposed impossible to accurately measure. Tenant therefore agrees that if possession of by the Premises is not surrendered to Landlord aswithin fourteen (14) days after the Expiration Date or sooner termination of the Term, in its sole addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and absolute discretion, it deems appropriate without for each portion of any credit or payment to Tenant. month during which Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from holds over in the Premises upon after the expiration Expiration Date or earlier sooner termination of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall not be liable for disposaldeemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, damage, theft, misappropriation which provisions shall survive the Expiration Date or loss sooner termination of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

Surrender of Premises. Tenant shall surrender possession of All improvements to the Premises (collectively, “Leasehold Improvement”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord at Tenant. At the expiration or earlier eariler termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable ordinary wear and teartear excepted. As used herein, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for term “Tenant’s payment Removable Property” shall mean: (A) Cable installed by or for the benefit of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, located in the Premises or on the Property. Prior to surrendering possession other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, 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 solo discretion and at no cost to Landlord, require Tenant shall remove all to leave any of its property from Special Installations in the Premises and repair any damage to the Premises or the Building caused by such removalPremises. If Landlord’s consent Tenant falls to remove any Alterations to the Premises by Tenant was conditioned upon of Tenant’s removal of such Alterations and restoration of Removable Property (other than Special Installations which Landlord has designated to remain in the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at Premises) within 2 days after the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, this Lease or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyright to possession, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of shall be entitled (but not obligated) to remove and store Tenant’s property from the Premises upon the expiration or earlier termination of this LeaseRemovable Property. Landlord shall not be liable responsible for disposalthe value, damage, theft, misappropriation preservation or loss safekeeping of Tenant’s property resulting from Removable Property. Tenant shall pay Landlord, upon demand, the removal or expenses and storage of charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s property Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in any manner Article 30]) shall be deemed to be immediately vested .in Landlord. Except for Special Installations designated by Landlord to remain in respect theretothe Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld). Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property, Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord based at the time of installation) installed in or about the Premises by, or on any behalf of Tenant. Tenant shall cause the removal of such Claim. All property of Tenant not removed on or before items and the last day repair of the Term Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed abandoned, and can to be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all part of Tenant’s property 's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

Surrender of Premises. Tenant shall surrender Whenever under the terms hereof Landlord is entitled to possession of the Premises, Tenant at once shall surrender the Premises and the keys thereto to Landlord at the expiration or earlier termination of this Lease Landlord. The Premises will be delivered in good order, broom clean condition and repairotherwise in the same condition as on the Commencement Date, reasonable damage due to casualty and ordinary wear and tear, permitted Alterations and damage by insured casualty or condemnation tear associated with the responsible use of first-class office space only excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its personal property from therefrom and all Cable installed by or for the Premises benefit of Tenant and repair any damage shall, to the Premises extent required in accordance with the provisions of this Lease and if directed to do so by Landlord, remove any Tenant Improvements or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its original condition prior to the construction of such Tenant Improvements or Alterations at which have been made therein by or on behalf of Tenant, including any improvements made by Tenant pursuant to the Work Agreement. If Tenant previously performed Specialty Improvements requiring Landlord’s expense. consent pursuant to Section 18(a) above but for which Tenant hereby releases the Landlord Parties and shall indemnify, defend failed to procure Landlord’s consent (with counsel reasonably acceptable to Landlord“Non-Approved Alterations”), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 includingmay, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the Expiration Date, require that Tenant remove all or any of such Non-Approved Alterations if Landlord in good faith determines that any of such items constitutes a Specialty Alteration. Landlord and Tenant will jointly tour the Premises prior to the Expiration Date in order to create a schedule of Non-Approved Alterations. Landlord may forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Tenant’s obligation to observe or perform these covenants shall survive the expiration or other termination of the Term. If the last day of the Term or any renewal falls on a Saturday, Sunday or a legal holiday, this Lease shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from expire on the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretobusiness day immediately preceding.

Appears in 1 contract

Samples: Office Lease Agreement (Del Monte Foods Co)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage pursuant to the Premises Article 3 hereof. Tenant's obligation to observe or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon perform this covenant shall survive the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expenseTerm. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be deemed abandonedsubstantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and can will be disposed impossible to accurately measure. Tenant therefore agrees that if possession of by the Premises is not surrendered to Landlord aswithin twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in its sole addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and absolute discretion, it deems appropriate without for each portion of any credit or payment to Tenant. month during which Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from holds over in the Premises upon after the expiration Expiration Date or earlier sooner termination of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall not be liable for disposaldeemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, damage, theft, misappropriation which provisions shall survive the Expiration Date or loss sooner termination of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretothis Lease.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier termination of this Lease the Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, reasonable ordinary wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will surrender shall deliver all keys to the Building and the Premises to Property Manager or to the office of Landlord at the place then fixed for Tenant’s payment of Base Rent, Shopping Center or as Landlord or Property Manager otherwise directdirected by Landlord. Tenant shall also inform Landlord have fifteen (15) days after the date the Term of all combinations on locksthis Lease expires or earlier terminates to remove its personal property and trade fixtures; provided, safes and vaultshowever, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises that (a) Tenant shall remove repair all of its property from the Premises and repair any damage to the Premises resulting from or the Building caused by arising out of such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of , (b) during such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, period Tenant shall upon receipt by perform and be liable for all obligations and conditions imposed on Tenant hereunder except for the payment of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnifyRent, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay includingmaintenance, but not limited torepair, consequential damages incurred by Landlord based on any such Claimapportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. All The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed on or before from the last Premises within such fifteen (15) day of the Term period shall be deemed abandoned. In addition to all other remedies available, and can Landlord may, but shall not be disposed obligated to, retain or dispose of by Landlord as, in its sole and absolute discretion, it deems appropriate any or all such property without any credit or payment liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant appoints Landlord as Tenant’s agent to removeshall, at Tenant’s sole cost and expenseno later than ten (10) days after such notice, remove all of Tenant’s such property from the Premises upon Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, on demand, all costs and expenses incurred by Landlord in disposing of such property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calculated at the expiration or earlier termination of this Lease. Landlord shall not be liable for disposalInterest Rate, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretodate Landlord expended such amounts.

Appears in 1 contract

Samples: Store Lease Agreement (Gottschalks Inc)

Surrender of Premises. Tenant This Lease shall surrender terminate at the end of the Initial Term hereof, or any Extension Term hereof, and TENANT hereby waives notice to vacate the Leased Premises and agrees that LANDLORD shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the Premises same extent as if statutory notice had been given. For the period of six (6) months prior to Landlord at the expiration of the Initial Term or earlier any Extension Term (provided the option for the next Extension Term has not been exercised), LANDLORD shall have the right to display on the exterior of the Leased Premises in any window or doorway thereof, the customary sign "For Rent" and during such period LANDLORD may show the Leased Premises and all parts thereof to prospective tenants during normal business hours. On the last day of the term, as the same may be extended, or on the sooner termination of this Lease thereof, TENANT shall peaceably surrender the Leased Premises in good order, condition and repair, broom clean, fire and other unavoidable casualty and reasonable wear and teartear only excepted. TENANT shall, permitted Alterations and damage by insured casualty or condemnation exceptedat is expense, remove its trade fixtures, equipment, and will surrender all keys signs from the Leased Premises and any property not removed on the last day of the term shall be deemed abandoned. Any abandoned fixtures or property of TENANT may be removed by LANDLORD, the cost of which shall be charged to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, or TENANT as Landlord or Property Manager otherwise directadditional rent. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, Any damages caused by TENANT in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination items shall be repaired at the time Landlord consented to such Alterations of whether TENANT'S expense. All alterations, additions, improvements and fixtures (other than TENANT'S signs, trade fixtures, and equipment) which shall have been made or not such Alternations must installed by either LANDLORD or TENANT upon the Leased Premises and all hard surface bonded or adhesively affixed flooring, shall remain upon and be removed surrendered with Leased Premises as a part thereof, without disturbance, molestation or injury, and the Premises restored to its prior condition upon without charge, at the expiration or termination of this Lease and shall then become property of LANDLORD. If the LeaseLeased Premises be not so surrendered, TENANT shall indemnify LANDLORD against loss, liability or expense resulting from delay by TENANT in so surrendering the Leased Premises, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore failure to leave the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Leased Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay the condition required hereunder including, but not limited to, consequential damages incurred claims made by Landlord based any succeeding tenant founded upon such delay. TENANT shall promptly surrender all keys to the Leased Premises to LANDLORD at the place then fixed for payment of rent and shall inform LANDLORD of combinations on any such Claim. All property of Tenant not removed locks and safes on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoLeased Premises.

Appears in 1 contract

Samples: Agreement of Lease (Cabletron Systems Inc)

Surrender of Premises. Tenant shall surrender possession of Upon the Premises to Landlord at the expiration Expiration Date or earlier termination of this Lease Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in good orderthe condition called for by this Lease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all shall deliver to Landlord any keys to the Building Premises, or any other portion of the Project, and the Premises to Property Manager or shall provide to Landlord at the place then fixed for Tenant’s payment combination or code of Base Rentlocks on all safes, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on lockscabinets, safes vaults and vaults, if any, security systems in the Premises Premises. On or on before the Property. Prior to surrendering possession Expiration Date or earlier termination of the Premises Tenant this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair any all damage to the Premises or the Building Project caused by such removal. If Landlord’s consent to any Alterations to In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises by Tenant was conditioned upon Tenant’s removal or, in the case of such Alterations and restoration of Lines exclusively serving the Premises to its condition prior to such AlterationsPremises, or if Tenant did not obtain Landlord’s determination at anywhere in the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the LeaseProject, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made the Building plenum, risers and all conduits, and repair all damage to the Project caused by any succeeding occupant founded such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least ninety (90) days prior to the Expiration Date, that such delay includingLines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, but 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 limited torequired to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), consequential damages incurred lien free, and properly labeled with an identification system reasonably approved by Landlord based on any such ClaimLandlord. All personal property of Tenant not removed on or before the last day of the Term hereunder shall be deemed abandoneddeemed, at Landlord’s option, to be abandoned by Tenant and can be disposed of by Landlord asmay, in its sole and absolute discretion, it deems appropriate without any credit liability to Tenant for loss or payment to Tenant. Tenant appoints Landlord as damage thereto or loss of use thereof, store such property in Tenant’s agent to remove, name at Tenant’s sole cost and expense, all expense and/or dispose of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or same in any manner in respect theretopermitted by law.

Appears in 1 contract

Samples: Eventbrite, Inc.

Surrender of Premises. Upon the Termination Date, Tenant shall surrender possession of and vacate the Premises immediately and deliver possession thereof to Landlord at the expiration or earlier termination of this Lease in a clean, good orderand tenantable condition, condition and repair, reasonable ordinary wear and tear, permitted Alterations and damage caused by insured casualty or condemnation Landlord excepted, and will surrender . Tenant shall deliver to Landlord all keys to the Building and Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Property Manager or Section 6.03, cabling for any of the foregoing. Tenant shall be entitled to Landlord remove such Tenant Additions which at the place then fixed for time of their installation Landlord and Tenant agreed may be removed by Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locksremove such other Tenant Additions as required by Landlord, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises including any Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expenseAdditions containing Hazardous Material. Tenant hereby releases the Landlord Parties and immediately shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim repair all damage resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Article 12 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in any manner Section 11.02(b), including the waiver and indemnity obligations provided in respect theretothat Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Workletter Agreement (Modular Medical, Inc.)

Surrender of Premises. The Tenant shall covenants to surrender possession of the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in good order, the same condition and repairas the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, permitted Alterations and damage by insured fire or the elements, and unavoidable casualty or condemnation excepted, and will agrees to surrender all keys to the Building and for the Premises to Property Manager or to the Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also rent and will inform the Landlord of all combinations on to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Property. Prior to surrendering possession part of the Premises Tenant shall then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of its property the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and repair fixtures without any damage liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the Term. Hazardous Materials The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must that might be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made considered hazardous by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoresponsible insurance company.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. Tenant shall will surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations (except for Structural Alterations or Non-Customary Office Improvements which Landlord identified when initially approved as such and has required that Tenant via written notice at time of expiration remove) and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, Basic Rent or as Landlord or Property Manager otherwise direct. Tenant shall will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall will at such time remove all of its equipment, furnishings, personal property and machinery from the Premises and, if Landlord so requires, all specified Alterations and improvements, including Non-Customary Office Improvements identified when initially approved as such in accordance with Section 8.1, Tenant placed on the Premises. Tenant will not be required to remove any cabling or low voltage wiring in the Premises. In addition, at Landlord’s option, exercised by delivery of written notice no later than three (3) months prior to the expiration of the Term, Tenant will remove any Alterations Tenant constructs in violation of Article 8 of this Lease prior to the expiration or earlier termination of this Lease if said Alterations are subject to removal under this Lease as Non-Customary Office Improvements. Tenant will promptly repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and reasonable expense, all of Tenant’s such abandoned property from the Premises upon and to cause its transportation and storage for Tenant’s benefit, all at the expiration or earlier termination sole cost and risk of this Lease. Tenant, and Landlord shall will not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property thereof or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Paylocity Holding Corp)

Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord at , by whomsoever made, in substantially the expiration same condition as received, or earlier first installed, subject to the terms of Paragraphs 6, 21 and 41, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease in good orderLease, condition remove all movable furniture and repairequipment belonging to Tenant, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rentsole cost, or as Landlord or Property Manager otherwise direct. provided that Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair repairs any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the Premises by Tenant was conditioned upon Tenant’s removal of same shall thereupon pass to Landlord. Upon such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentTerm, Tenant shall upon receipt demand by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations Landlord, at TenantLandlord’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend election either (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant’s property from , designated by Landlord to be removed (provided, however, that upon the Premises written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or earlier sooner termination of this Lease. ), and restore the Premises to its original condition as of the Delivery Date, subject to the foregoing; or (ii) pay Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoreasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term or earlier termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will Tenant shall surrender all keys to the Building and the Premises to Property Manager Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non- working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or to Landlord at the place then fixed for deterioration that would have been prevented by proper maintenance by Tenant’s payment of Base Rent, or as Landlord or Property Manager Tenant otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove performing all of its property from the Premises and repair any damage to the Premises or the Building caused by such removalobligations under this Lease. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on On or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term “Tenant’s Property” shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and/or disposed of by Landlord (at Landlord’s sole discretion, unless otherwise required by law), at Xxxxxx's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions; provided, however, such holding over shall not be liable for disposalconstrued or interpreted as an extension or renewal of this Lease and such holding over shall be deemed a holding over without Xxxxxxxx’s consent unless the Landlord otherwise consents in writing to such holding over. Tenant shall indemnify, damagedefend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, theftexpenses, misappropriation costs, losses or loss of Tenant’s property liabilities arising from any delay by Xxxxxx in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the removal Premises to any such succeeding tenant or storage of any of Tenant’s property or prospective tenant, together with, in any manner in respect theretoeach case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Surrender of Premises. Upon the Expiration Date, termination, or Default of the Lease in which Tenant’s right to possession is terminated, Tenant shall surrender possession of and vacate the Premises immediately and deliver vacant possession to Landlord at the expiration or earlier termination of this Lease in good ordera clean, condition good, and repairtenantable condition, except for reasonable use and ordinary wear and tear, permitted Alterations and damage generally in the condition described on Exhibit H attached hereto. Movable trade fixtures and personal property shall be removed from the Premises if Tenant has fulfilled all Lease obligations, unless instructed otherwise by insured casualty Landlord. All telephone, communication and data lines, cables, electrical equipment, HVAC or condemnation exceptedother 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, Tenant 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 will surrender 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 keys to the Building Claims against Landlord for any damages resulting from Landlord’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, at its expense, and upon request of Landlord, restore the Premises to Property Manager or to Landlord at their original condition. Tenant shall repair any damage caused by the place then fixed for removal of Tenant’s payment movable trade fixtures and personal property and such Tenant-Made Alterations upon surrender of Base Rentthe Premises; provided that if Tenant’s removal and restoration work would damage or otherwise affect the structure of the Premises or the Building, or as Landlord or Property Manager otherwise directmay, at its option, elect to perform such removal and restoration work, at Tenant’s sole cost and expense, in which case Tenant shall reimburse Landlord therefor upon demand. Tenant shall also deliver all keys for the Premises as specified by Landlord, and inform Landlord of all combinations on locks, safes and vaults, if any, any vaults in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Mosaic Commerce Center Lease Agreement (Boxabl Inc.)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease or Tenant’s right to possession of the Premises under this Lease, as the case may be, by expiration or otherwise, Tenant shall surrender the Premises to Landlord at the expiration or earlier termination of this Lease in as good order, condition and repairrepair as when delivered by Landlord, reasonable ordinary wear and tear, permitted Alterations tear and damage by insured fire and other insured casualty or condemnation only excepted, and will surrender all keys to . To the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as extent required by Prime Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of Landlord, all combinations on locksalterations, safes additions, improvements and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations decorations made to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must shall be removed and the Premises restored to its prior condition upon by Tenant at the expiration or sooner termination of this Lease; provided, however, that if Prime Landlord does not require such removal then Landlord shall not require such removal. All alterations, additions, improvements and decorations made to the LeasePremises by Tenant that are not removed by Tenant as required herein shall be deemed abandoned and, or if Tenant made any Alterations without at Landlord’s prior written consentoption, become the property of Landlord, but without prejudice to Landlord’s continuing right to require Tenant shall upon receipt by Tenant of written request by Landlord promptly restore to remove the Premises to its condition prior to such Alterations same at Tenant’s expense. Any trade fixtures, equipment and personal property not removed by Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable on or prior to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term termination date shall be deemed abandonedabandoned and shall, and can be disposed at Landlord’s option, become the property of by Landlord asLandlord, in its sole and absolute discretion, it deems appropriate but without any credit or payment prejudice to Tenant. Landlord’s continuing right to require Tenant appoints Landlord as Tenant’s agent to remove, remove the same at Tenant’s sole cost and expense, all . The obligations of Tenant under this Section shall survive the expiration or early termination of this Lease or Tenant’s property from right to possession of the Premises under this Lease, as the case may be. Tenant shall not be required to remove any alterations, decorations, additions, or improvements performed by Landlord or existing prior to the Commencement Date or any Hazardous Materials existing prior to the Commencement Date; provided, however, if Landlord is required under or pursuant to the terms of the Prime Lease to remove any such alterations, decorations, additions, or improvements performed prior to the Commencement Date, Tenant shall permit Landlord to enter the Premises upon reasonable prior notice for a reasonable period of time (but in no event earlier than thirty (30) days) prior to the expiration Termination Date for the purpose of removing such alterations, decorations, additions, or earlier termination of this Lease. improvements; provided, however, that any such entry and removal by Landlord hereunder shall (i) be coordinated with Tenant (and Landlord and Tenant shall reasonably cooperate in connection therewith), and (ii) be conducted in such a manner so as not be liable for disposal, damage, theft, misappropriation to materially interfere with or loss of disrupt Tenant’s property resulting from use of, or business operations at, the removal or storage of any of Tenant’s property or in any manner in respect theretoPremises.

Appears in 1 contract

Samples: Office Sublease (Ooma Inc)

Surrender of Premises. Tenant shall surrender possession At the expiration of the Premises to Landlord at the expiration Term of this Lease or earlier termination of this Lease Lease, Tenant shall surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in good orderthe exercise of reasonable discretion, informed Tenant, in connection with Landlord's approval of the installation thereof, that Landlord would require Tenant to remove upon the expiration of the Lease) in the same condition and repairas the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation tear excepted, and will shall surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s the payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant Basic Rent and shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall at such time remove all of its property from therefrom and all alterations and improvements placed thereon by Tenant unless Landlord requires Tenant to leave the Premises and same. Tenant shall repair any damage to the Premises or the Building caused by such removal, and any and all such property not so removed shall, at Landlord's option, after five (5) business days notice to Tenant, 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 Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did be not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consentsurrendered as above set forth, Tenant shall upon receipt indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in so surrendering the Premises in accordance with this Section 16.1 Premises, including, without limitation, any Claim claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claimdelay. All property of Tenant not removed on or before within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant hereby appoints Landlord as Tenant’s its agent to remove, at Tenant’s 's cost, all property of Tenant from the Premises left thirty (30) days or longer after termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and expense, all risk of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Tenant and Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or thereof and Landlord shall not be liable in any manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. Tenant shall surrender Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures, furnishings, additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, 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 insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred replacing all light bulbs and ballasts not in good working condition, excepting for reasonable wear and tear. Reasonable wear and tear shall not include and any damage or deterioration that would have been prevented by Landlord based on any such Claim. All property of proper maintenance by Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, otherwise performing all of Tenant’s property from the Premises upon the expiration or earlier its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such trade fixtures, furniture, furnishings, additions or improvements installed by, of Tenant or situated in or about the Premises. Landlord Notwithstanding the above, Tenant shall not be liable for disposalresponsible to remove any of the Tenant Improvements installed as a part of Exhibit B to this Lease. By the date which is twenty (20) days prior to such termination of this Lease, damageLandlord shall notify Tenant in writing of those fixtures, theftalterations, misappropriation furniture, furnishings, trade fixtures, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or loss removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, fixtures, alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the Premises by, or on behalf of Tenant’s property resulting from . Tenant shall ensure that the removal or storage of any such items and the repair of Tenant’s property or in any manner in respect theretothe Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Surrender of Premises. Tenant shall surrender possession of the Premises to Landlord at Upon the expiration or earlier of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the respective Commencement Date) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good order, (or better) condition and repairrepair as existed as of the Commencement Date, reasonable wear and tear, permitted Alterations tear and damage by insured from fire or other casualty or condemnation excepted, and will surrender all keys to the Building any new buildings, alterations, improvements, replacements or additions constructed by Tenant and the Premises to Property Manager or to Landlord remaining at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if anyPremises, in the Premises same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the respective Commencement Date, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the PropertyPremises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. Prior to surrendering possession of the Premises Tenant If Landlord shall not so elect, Landlord may remove all of its such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair any and restore and save Landlord harmless from all damage to the Premises or the Building caused by such removal. If removal by Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc)

Surrender of Premises. 84. The Tenant shall covenants to surrender possession of the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in good order, the same condition and repairas the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, permitted Alterations and damage by insured fire or the elements, and unavoidable casualty or condemnation excepted, and will agrees to surrender all keys to the Building and for the Premises to Property Manager or to the Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also rent and will inform the Landlord of all combinations on to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, floor covering or fixtures (excluding trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Property. Prior to surrendering possession part of the Premises Tenant shall then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other xxxxxxx remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of its property the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and repair fixtures without any damage liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Premises Landlord. The Tenant's obligation to observe or perform the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon covenants contained in this Lease will survive the expiration or other termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination term of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Samples: Facility Lease Agreement

Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord at Landlord, by whomsoever made, in substantially the expiration same condition as received, or earlier first installed, subject to the terms of Paragraphs 7, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 21. Tenant may, upon the termination of this Lease in good orderLease, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and 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 shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from movable furniture and equipment belonging to Tenant (including the Premises telephone system (other than wiring, conduit and repair fiberoptic cabling), security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment), at Tenant's sole cost, provided that Tenant repairs any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the Premises by Tenant was conditioned upon Tenant’s removal of same shall thereupon pass to Landlord. Upon such Alterations and restoration expiration or sooner termination of the Premises Term, Tenant shall upon demand by Landlord, at 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 its condition be removed (provided, however, that upon the written request of Tenant prior to such installation of any Alterations, or if Landlord shall advise Tenant did not obtain Landlord’s determination at the that time Landlord consented to such Alterations of whether or not such Alternations specific Alterations must be removed and the Premises restored to its prior condition upon the expiration or sooner termination of the this Lease, and to the extent Landlord has so agreed to allow such Tenant Improvements or if Tenant made any Alterations without Landlord’s prior written consentto remain in the Premises, Tenant shall upon receipt by Tenant of written request by Landlord promptly not be obligated to remove such Alterations), and restore the Premises to its original condition prior as of the Delivery Date (but with the Tenant Improvements approved by Landlord pursuant to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to LandlordWork Letter), protect subject to normal wear and hold harmless tear, the Landlord Parties from rights of and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property obligations of Tenant not removed on or before the last day of the Term shall be deemed abandonedconcerning casualty damage pursuant to Paragraph 21, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect theretoforegoing.

Appears in 1 contract

Samples: Lease Agreement (Business Objects Sa)

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