Surrender of Premises. On the Expiration Date or on the sooner termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 2 contracts
Samples: Office Space Lease (Mellanox Technologies, Ltd.), Office Space Lease (Mellanox Technologies, Ltd.)
Surrender of Premises. On At the Expiration Date expiration of the Term or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the terms provisions of this Section and in good order, condition and repair, broom-clean, excepting only reasonable 27 hereof. Normal wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove not include any telephone, data, and communication cabling and related equipment installed on the Premises damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The provisions of this Section shall survive On or before the expiration or earlier termination of this Lease. Notwithstanding any other provision hereof, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove (unless requested any or all Alterations as to by Landlordwhich Landlord notified Tenant, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1consent, in which case that removal would be required; and Tenant shall removeremove such requested Alterations from the Premises, at Tenant’s sole cost and expense(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 any part portions of any Alterations involving masonrythe items comprising the Tenant Improvements (the "Removable TIs"), poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not Tenant shall remove the same are Tenant’s Property) designated by LandlordRemovable TIs. Tenant shall repair any damage to the Premises or Building caused by such removalremoval of the Tenant's Property, the requested Alterations and the Removable TIs. If For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord so electsat Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such items property; provided, however, Tenant shall remain upon liable to Landlord for all costs incurred in storing and be surrendered with 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 a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become 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 promptly surrender all keys 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 and all key-cards damages, expenses, costs, losses or liabilities arising from any delay by Tenant 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 Landlord at the place then fixed for notice lost opportunities to Landlord and shall inform Landlord lease any portion of the combinations on Premises to any locks such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and safes on the Premisescosts.
Appears in 2 contracts
Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)
Surrender of Premises. On At the Expiration Date expiration of the Term or earlier termination of this Lease, except as provided below in Section 10.2.1, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. Except as set forth below in Section 10.2.1, on or before the sooner expiration or earlier termination of this Lease, Tenant shall peaceably surrender remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which portions of the Project, (ii) any Alterations Landlord is required may require Tenant, by notice to repair hereunder. Tenant given at or about the time of Landlord’s granting of consent to their installation, to remove, and Tenant shall remove repair any damage caused by all of such removal activities, at Tenant’s sole expense. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and communication other cabling and related equipment wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed on or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises by or below the floor of the Premises), inventories, goods and personal property of Tenant. The provisions Any of this Section Tenant’s Property not so removed by Tenant as required herein shall survive termination be deemed abandoned and may be stored, removed, and disposed of this Lease. Notwithstanding by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any other provision hereofdamages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall not remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove (unless requested to by Landlord, pursuant to a notice given at any such wiring or cabling installed above the time ceiling or beneath the floors of the Alteration pursuant to Section 13.1Premises, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a five percent (5%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with in the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all keys for Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and all key-cards (y) suffered by Landlord due to Landlord at the place then fixed for notice lost opportunities to Landlord and shall inform Landlord lease any portion of the combinations on Premises to any locks and safes on the Premisessuch succeeding tenant or prospective tenant.
Appears in 2 contracts
Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)
Surrender of Premises. On the Expiration Date or on the sooner termination of this Leasehereof, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-broom clean, excepting only reasonable wear and tear and fire damage by fire, condemnation and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofLandlord may, however, designate by written notice to Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time Tenant requested Landlord's approval for said alterations, decoration, additions or improvements, those alterations, decorations, additions or improvements which shall be removed from the Premises by Tenant at the expiration or earlier termination of the Alteration pursuant to Section 13.1, in which case this Lease and Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not promptly remove the same are Tenant’s Property) designated by and repair, to the reasonable satisfaction of Landlord. Tenant shall repair , any damage to the Premises or Building Project caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises. If Tenant abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, any of Tenant's Property left on the Premises shall be deemed to be abandoned, and, at Landlord's option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all or any part of such Tenant's Property, the cost of removal, including repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Allegiant Travel CO), Lease Agreement (Allegiant Travel CO)
Surrender of Premises. On 20.01 At the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender to Landlord the Premises in accordance with the terms of this Section and all alterations and additions thereto in good order, repair and condition and repair, broom-clean, excepting only reasonable (except for ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundertear). Tenant shall remove all personal property and trade fixtures prior to the expiration of the term, including any telephonesigns, data, notices and communication cabling and related equipment installed on the Premises displays placed by Tenant. The Tenant shall perform all necessary restoration, including, without limitation, restoration made necessary by the removal of Tenant's personal property and trade fixtures (or of any alterations required to be removed by Tenant pursuant to the provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision 6.04 hereof, Tenant shall not remove (unless requested ) prior to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and Lease. Landlord can elect to retain or dispose of, in any manner, any alterations, Tenant's personal property or trade fixtures that Tenant does not remove from the Premises on expiration or termination of the term as allowed or required by this Lease. Title to any such alterations, Tenant's personal property or trade fixtures that Landlord elects to retain or dispose of on expiration of the term shall then become the property of 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, Tenant's personal property or trade fixtures. Tenant shall promptly surrender all keys for the Premises and all key-cards be liable to Landlord at the place then fixed for notice to Landlord Landlord's costs for storing, removing and disposing of any alterations, Tenant's personal property or trade fixtures and shall inform indemnify and hold Landlord harmless from the claim of the combinations on any locks and safes on the Premisesthird party to an interest in said personal property.
Appears in 2 contracts
Samples: Office Lease (Anchor Pacific Underwriters Inc), Office Lease (Anchor Pacific Underwriters Inc)
Surrender of Premises. On Upon the Expiration Date expiration of the Term or on the sooner other termination of this Lease, Tenant shall shall, at its own cost, (a) promptly and peaceably surrender the Premises in accordance with the terms of this Section and to Landlord “broom clean,” in good orderorder and condition, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove excepted; (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expenseb) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, patch and pain in a good and workmanlike manner satisfactory to Landlord all holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at its sole cost, remove its movable personal property only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises and become the property of Landlord without payment therefore; however, Tenant shall not remove any personal property, trade fixtures or other property fro the Premises without Landlord’s prior written consent if such removalpersonal property, trade fixtures or other property is used in the operation of the Premises, the removal of such personal property, trade fixtures or other property will impair the structure of the Building, or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord so electsshall have a lien on such personal property, such items shall remain upon trade fixtures and be surrendered with other property. Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises as a part thereof, without disturbance, molestation by Tenant or injuryby Landlord for Tenant, and without chargeto restore the Premises to their condition on the date of this Lease. All personal property, at trade fixtures and other property of Tenant not removed from the Premises upon the abandonment of the Premises or upon the expiration of the Term or other termination of this Lease for any cause shall conclusively be deemed to have been abandoned and shall then become the property may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without notice to Tenant or any other person and without any obligation to account therefore. Tenant shall promptly pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from any such disposition. No surrender all of the Premises shall be effected by Landlord’s acceptance of the keys for or of the rent or by any other means whatsoever without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and all key-cards delivered to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant a written release.
Appears in 2 contracts
Samples: Credit Agreement (Herbst Gaming Inc), Credit Agreement (Herbst Gaming Inc)
Surrender of Premises. On Upon the Expiration Date termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), furnishings, additions and improvements which Landlord has not notified Tenant, in writing, that Landlord will require Tenant to remove (including without limitation, any items comprising the Tenant Improvements), to Landlord in good condition and repair subject to Tenant's compliance with its obligations under Sections 9, 29 and 37 hereof, including, but not limited to, replacing all light bulbs and ballasts not in good working condition, except for reasonable wear and tear, casualty damage and repairs which are Landlord's obligations pursuant to the provisions of Sections 11.2 and 11.3 below. 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 sooner 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 peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephonecafeteria and related items that are part of the Tenant Improvements, dataall tenant signage, trade fixtures, furniture, furnishings, equipment, personal property, additions, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any such other provision hereofimprovements Landlord requests, Tenant shall not remove (unless requested to by Landlordin writing, pursuant to a notice given at the time of Landlord's delivery of its consent to such installation, that Tenant remove some or all of such additions or improvements installed by, or on behalf of Tenant or situated in or about the Alteration pursuant to Section 13.1Premises; provided, in which case Tenant shall removehowever, at Tenant’s sole cost such requirement is reasonably based upon the nature and expense) all type of additions, improvements or any part of any Alterations involving masonry, poured concrete, hard surface bonded alterations being substantially different than that improved or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlordaltered thereby. Tenant shall repair any damage caused by the installation or removal of any cafeteria and related items that are part of the Tenant Improvements, and such signs, trade fixtures, furniture, furnishings, fixtures (other than trade fixtures), equipment, personal property, additions and improvements which are to be removed from the Premises or Building caused by such removalTenant hereunder. If Landlord so elects, Tenant shall ensure that the removal of such items shall remain upon and be surrendered with the repair of the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or will be completed prior to such termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 2 contracts
Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Surrender of Premises. On (a) Upon the Expiration Date termination of this Lease by lapse of time or on otherwise or upon the sooner earlier termination of Tenant’s right of possession, Tenant shall quit and surrender possession of the Leased Premises to Landlord, broom clean, in the same condition as upon delivery of possession to Tenant hereunder, normal wear and tear excepted. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or placed in the Leased Premises and all debris and rubbish, and Tenant shall repair all damage to the Leased Premises resulting from such removal; provided if Tenant is then in default under this Lease, Tenant shall not remove any such item unless Tenant receives written directions from Landlord authorizing or directing the removal thereof. If Tenant fails to remove any of the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, then Landlord may, at its sole option, (i) treat Tenant shall peaceably surrender as a holdover, in which event the Premises in accordance with the terms provisions of this Section Lease regarding holding over shall apply, (ii) deem any or all of such items abandoned and the sole property of Landlord, or (iii) remove any and all such items and dispose of same in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderany manner. Tenant shall remove pay Landlord on demand any telephoneand all expenses incurred by Landlord in the removal of such items, dataincluding, without limitation, the cost of repairing any damage to the Leased Premises or the Building caused by such removal and storage charges (if Landlord elects to store such property).
(b) All installations, additions, partitions, hardware, cables, wires, fixtures and improvements, temporary or permanent (including, but not limited to, Tenant’s Extra Work), except for Tenant’s signs, furnishings, equipment, communication cabling cables, telephone switches, trade fixtures, merchandise and related equipment installed on other personal property, in or upon the Premises Leased Premises, whether placed there by Tenant. The provisions Tenant or Landlord, shall, upon the termination of this Section lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall survive remain upon the Leased Premises, all without compensation, allowance or credit to Tenant; provided, however, that if at the time Landlord consents to Tenant’s installation of any installations, additions, partitions, hardware, cables, wires, fixtures and improvements or at any time prior to termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time Landlord requires removal of the Alteration pursuant to Section 13.1same upon termination, in which case Tenant shall removethen Tenant, at Tenant’s sole cost and expense) all , upon termination of this Lease by lapse of time or any part otherwise or upon the earlier termination of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) right of possession, shall promptly remove such designated items placed in or upon the Leased Premises by Landlord. or on behalf of Tenant shall and, repair any damage to the Leased Premises or the Building caused by such removal. If , failing which Landlord so electsmay remove the same and repair the Leased Premises or the Building, such items shall remain upon and be surrendered with as the Premises as a part thereof, without disturbance, molestation or injurycase may be, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for pay the Premises and all key-cards cost thereof to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premiseswritten demand.
Appears in 2 contracts
Samples: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)
Surrender of Premises. On No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender deliver to Landlord the Premises in accordance with the terms of this Section and all improvements located therein in good orderrepair and condition, condition and repairfree of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-cleanclean condition including cleaning of interior surface of all walls, excepting only flooring, ceiling and/or any roof deck due to Tenant’s specific use (with such cleaning by commercial cleaning application as approved by Landlord), reasonable wear and tear (and fire condemnation and other unavoidable casualty Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord is all keys to the Premises. Tenant will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option as described in Section 8(a), Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such Specialty Alterations, as well as wiring, conduits, or cabling installed by Tenant; however, Tenant shall not be required to repair hereunderremove the initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition to the Premises or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall remove repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any telephone, data, and communication cabling and related equipment installed on obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the Premises by Tenantsecurity interest granted under Section 20. The provisions of this Section 20 shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 2 contracts
Samples: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender all keys for the Premises and exclusive possession of the Premises to Landlord broom clean and in good condition and repair, reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (to be removed in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire National Electric Code and other unavoidable casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is required pursuant to repair hereunderSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant shall fails to remove any telephone, data, and communication cabling and related equipment installed on by the Premises by Tenant. The provisions of this Section shall survive expiration or sooner termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to Lease all of its personal property and Alterations identified by Landlord, pursuant to a notice given at the time of the Alteration Landlord for removal pursuant to Section 13.113.2, in which case Landlord may, (without liability to Tenant shall removefor loss thereof), at Tenant’s sole cost and expensein 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 part such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair such sale to any damage amounts due to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of under this Lease from Tenant (including Landlord’s attorneys’ fees and shall then become other costs incurred in the property removal, storage and/or sale of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards such items), with any remainder to Landlord at the place then fixed for notice be paid to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant.
Appears in 2 contracts
Samples: NNN Lease (Corium International, Inc.), Commercial Lease (Gigamon LLC)
Surrender of Premises. On Upon the Expiration Date expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section neat and clean condition and in good order, condition and repair, broom-cleantogether 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 reasonable ordinary wear and tear use and damage by fire and or other unavoidable casualty which Landlord is required for which, under other provisions of this Lease, Tenant has no responsibility to repair hereunderor restore. Tenant shall remove any telephoneall of Tenant's Removable Property and may, dataat its election, remove or leave in place (a) the fifty (50) workstations currently located in the Building (which workstations shall become Tenant's personal property one (1) year from the date hereof so long as Tenant is not then in default hereunder and communication cabling this Lease is then in full force and related equipment installed on effect and which workstations shall become Landlord's personal property upon the Premises by Tenant. The provisions of this Section shall survive expiration or earlier termination of this Lease. Notwithstanding any other provision hereofthe Term if Tenant chooses not to remove the same as aforesaid), and; (b) all Alterations made by Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and 's expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage damages to the Premises or the Building caused by any such removal. If Landlord so electsAny of (1) said workstations, (2) Tenant's Removable Property, and (3) such items Alterations which shall remain upon and be surrendered with in the Building or on the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit at Landlord's sole cost and expense, except with respect to Tenant's Removable Property which shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises be at Tenant's sole cost and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesexpense.
Appears in 2 contracts
Samples: Lease Agreement (Silverstream Software Inc), Lease (Silverstream Software Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner other termination of this Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises in accordance with the terms of this Section and every part thereof and all alterations, additions and improvements thereto, broom clean and in good order, condition and state of repair, broom-cleanreasonable wear and tear, excepting only damage due to Casualty and Condemnation which is not Tenant's responsibility to repair or restore, excepted. Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof, reasonable wear and tear and fire damage to Casualty and other unavoidable casualty Condemnation which Landlord is required not Tenant's responsibility to repair hereunderor restore, excepted. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofAt Landlord's option, Tenant shall not remove (unless requested to also be responsible for removing all wires and cables installed by Landlord, pursuant to a notice given at Tenant in the time Demised Premises and other portions of the Alteration pursuant Building to Section 13.1, serve Tenant's telecommunications and computer systems in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionsthe Demised Premises, and installed lighting equipment (whether or not the same are Tenant’s Property) designated removal of such wires and cables shall be effected by Landlord. Tenant shall repair any without damage to the Premises Building and without interference with the business or Building caused by such removaloperations of Landlord or any other tenant of the Building. If Landlord so electsTenant shall fail or refuse to remove all of Tenant's effects, such items shall remain personalty and equipment from the Demised Premises and the Building upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall then become the property be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall promptly surrender all keys for the Premises pay Landlord on demand any and all key-cards expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and storage charges (if Landlord at the place then fixed for notice elects to Landlord store such property). The covenants and conditions of this Article 32 shall inform Landlord survive any expiration or termination of the combinations on any locks and safes on the Premisesthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of the Term for whatever cause, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in accordance with the terms of this Section "broom clean" and in good order, condition and repair, broom-clean, excepting except only reasonable for ordinary wear and tear tear, damage by casualty not covered by Section 15.02 and fire repairs to be made by Landlord pursuant to Section 15.01. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other unavoidable casualty which property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision). Landlord is required may require Tenant to repair hereunder. Tenant shall remove any telephonepersonal property, datatrade fixtures, other property, alterations, additions and communication cabling and related equipment installed on improvements made to the Premises by Tenant or by Landlord for Tenant. The provisions of this Section shall survive termination , and to restore the Premises to their condition on the date of this Lease. Notwithstanding any All personal property, trade fixtures and other provision hereof, property of Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at removed from the time Premises on the abandonment of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at on the expiration of the Term or sooner termination of this Lease for any cause shall, at Landlord’s option, conclusively be deemed to have been abandoned and shall then become the property may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall promptly pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender all keys for of the Premises until Landlord has inspected the Premises and all key-cards delivered to Landlord at the place then fixed for notice Tenant a written release. If Tenant fails to Landlord and shall inform Landlord surrender possession of the combinations on any locks and safes on Premises in the Premisescondition herein required, Landlord may, at Tenant's expense, restore the Premises to such condition.
Appears in 2 contracts
Samples: Lease Agreement (Qualtrics International Inc.), Lease Agreement (Qualtrics International Inc.)
Surrender of Premises. On Prior to the Expiration Date expiration of the Term or on the sooner termination of this Lease, Tenant shall shall, at Tenant’s sole cost, (a) promptly and peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, subject to normal and reasonable wear and tear, (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord in accordance with the terms of this Section and Paragraph 17.1, remain in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions as the property of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofLandlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises (unless requested to by other than Tenant’s business records and files (including electronic files and data), prototypes, trade secrets, signage, trademarks, merchandise or inventory or the personal effects of Tenant’s employees) without Landlord, pursuant to a notice given at ’s prior written consent if such removal will impair the time structure of the Alteration pursuant to Section 13.1, Building or Tenant is in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part default under this Lease beyond the expiration of any Alterations involving masonryapplicable notice and cure period given to Tenant in this Lease. If Tenant is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, the fair market value of such personal property and installed lighting equipment (whether or not trade fixtures left in the same are Tenant’s Property) designated Premises and actually used by Landlord shall be credited to the delinquent amounts due under this Lease after all other amounts have been paid by Tenant to Landlord. Landlord may require Tenant shall repair to remove any damage personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or Building caused by such removal. If Landlord so electsfor Tenant, such items shall remain upon including, without limitation, any computer lines, wiring, cabling and be surrendered with facilities and other similar improvements, and to restore the Premises to their condition as a part thereofof the Commencement Date, without disturbancesubject to normal and reasonable wear and tear; provided, molestation or injuryhowever, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and without chargeexcept as otherwise expressly required by this Lease, Tenant shall have no obligation to remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the expiration of the Term or sooner termination of this Lease, except that, in all events, unless Landlord otherwise consents in writing, Tenant must remove all alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant that are located above the ceiling tile in the Premises, including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, to the extent required by the National Electric Code, as amended. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and shall then become the property may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall promptly pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender all of the Premises shall be effected by Landlord’s acceptance of the keys for or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and all key-cards delivered to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant a written release.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Surrender of Premises. On Upon the Expiration Date expiration of the term of this Sublease, or on the sooner upon any earlier termination of this LeaseSublease, Tenant Subtenant shall peaceably quit and surrender possession of the Premises to Sublandlord in accordance with as good order and condition as the terms of this Section and in good ordersame are now or hereafter may be improved by Landlord or Subtenant, condition and repair, broom-clean, excepting only reasonable wear and tear and fire repairs which are Landlord's obligation excepted, and shall, without expense to Sublandlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, dataarticles of personal property owned by Subtenant or installed or placed by Subtenant at its expense in the Premises, and communication cabling and related equipment installed on the Premises by Tenant. The provisions all similar articles of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionspersons claiming under Subtenant, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant Subtenant shall repair any all damage to the Premises or Building caused by resulting from such removal. If Upon the expiration of this Sublease, or if Sublandlord or Landlord so elects, such items shall remain upon and be surrendered with re-enters or re-takes possession of the Premises as a part thereofprior to the normal expiration of this Sublease, without disturbanceSublandlord or Landlord shall have the right, molestation or injurybut not the obligation, to remove from the Premises all personal property located therein belonging to Subtenant, and without chargeeither party may discard such debris, rubbish and personal property or place such personal property in storage in a public warehouse, all at the expiration or termination expense and risk of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesSubtenant.
Appears in 2 contracts
Samples: Sublease (Genicom Corp), Sublease (Banks of the Chesapeake Inc)
Surrender of Premises. On the Expiration Date or on the sooner termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at At the expiration or termination of this Lease Lease, Landlord may, at Landlord’s election, demand the removal from the Premises of all fixtures and shall then become the property improvements (including without limitation all Building improvements), or of Landlord. certain fixtures or improvements or both, provided, however, that Tenant shall promptly not have any obligation to remove the initial Tenant Improvements generally described in Exhibit B; otherwise, Tenant shall surrender all keys for to Landlord the Premises and all key-cards 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 the expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary, by the removal of Tenant’s personal property or trade fixtures prior to the expiration or 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 at the place then fixed for notice Landlord’s costs for storing, removing and disposing of any alterations, utility installations, trade fixtures or personal property that Tenant was required to Landlord remove under this Lease, and shall inform indemnify and hold Landlord harmless from the claim of the combinations on any locks and safes on the Premisesthird party to an interest in such alterations, utility installations, trade fixtures or personal property.
Appears in 1 contract
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section to Landlord broom-clean and in good order, the same condition and repair, broom-clean, excepting only as on the date Tenant took possession (a) except for reasonable wear and tear tear, loss by fire or other casualty and fire loss by condemnation, and other unavoidable casualty which Landlord is (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Notwithstanding the foregoing, Tenant will not be required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on improvements or alterations existing in the Premises by Tenant. The provisions as of this Section shall survive termination the date of full execution and delivery of this Lease. Notwithstanding Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any other provision hereoftime during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall not remove (unless requested promptly repair any damage to the Premises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by Landlordprocess of law or otherwise, pursuant to a notice given at any of Tenant’s Property left on the time of the Alteration pursuant to Section 13.1Premises shall be deemed abandoned, in which case Tenant shall removeand, at TenantLandlord’s sole cost and expense) option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are such Tenant’s Property) designated by Landlord. Tenant shall repair , the reasonable cost of removal, storage and disposal of Tenant’s Property, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. If Landlord so electsOn the Expiration Date, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for and other means of entry to the Premises Premises, the Building and all key-cards to Landlord at the place then fixed for notice to Landlord Project, excluding Tenant’s access control system which shall be removed by Tenant, and shall inform Landlord of the combinations on and access codes for any locks and safes on located in the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as Landlord’s property.
Appears in 1 contract
Samples: Office Lease (Net)
Surrender of Premises. On Removal of Property -------------------------------------------------------
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the Expiration Date option of Landlord, operate as an assignment to it of any or on all subleases or subtenancies affecting the sooner Premises.
(b) Upon the expiration of the term of this Lease, or upon any earlier termination of this Lease, Tenant shall peaceably quit and surrender possession of the Premises to Landlord in accordance with as good order and condition as the terms of this Section same are now and in good orderhereafter may be improved by Landlord or Tenant, condition and repair, broom-clean, excepting only reasonable wear and tear and fire repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other unavoidable casualty which articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord is required exercises its option to repair hereunder. have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall re-enter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned, and Landlord may remove any telephone, dataor all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, if Tenant shall not remove fail to pay the cost of storing any such property after it has been stored for a period of ninety (unless requested to by 90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, pursuant in its sole discretion, may deem proper. without notice or to a notice given at demand upon Tenant, for the time payment of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of such charges or the removal of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionssuch property, and installed lighting equipment (whether or not shall apply the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage proceeds of such sale as follows: first, to the Premises cost and expense of such sale, including reasonable attorney's fees for services rendered; second, to the payment of the cost of or Building caused by charges for storing any such removal. If property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord so electsfrom Tenant under any of the terms hereof; and fourth, such items shall remain upon and be surrendered with the balance, if arty, to Tenant.
(d) All fixtures, equipment, Alterations and/or appurtenances attached to or built into the Premises as a part thereofprior to or during the term of the Lease, without disturbance, molestation whether by Landlord or injury, Tenant and without charge, whether at the expiration expense of Landlord or termination Tenant, or of this Lease both, shall be and shall then become the property remain part of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord shall not be removed by Tenant at the place then fixed for notice to Landlord and shall inform Landlord end of the combinations on term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include, but not be limited to all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any locks and safes on the Premisesspecial flooring or ceiling installations.
Appears in 1 contract
Surrender of Premises. On (a) At the Expiration Date end of the Term (as it may be extended) or on the other sooner termination of this Lease, or upon termination of Tenant's right to possession, Tenant shall will peaceably surrender deliver up to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to same, by whomsoever made, in accordance with the terms of this Section and in good ordersame condition as received or first installed, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire and tear, damage by fire, earthquake, Act of God, the elements, other unavoidable casualty which Landlord is required to repair hereundercondemnation, or the negligence or willful misconduct of Landlord, or the gross negligence or willful misconduct of Landlord's agents or employees excepted. Tenant shall remove any telephonemay, data, and communication cabling and related equipment installed on prior to or upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease or termination of Tenant's right to possession, remove any property or items which Tenant is entitled to remove under this Lease, at Tenant's sole cost, repairing any material damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed upon the termination of this Lease or upon termination of Tenant's right to possession shall be deemed abandoned by Tenant, Tenant and title to the same shall not remove (unless requested thereupon pass to Landlord. Upon request by Landxxxx, xxless otherwise agreed to in writing by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s 's sole cost and expense) cost, any or all permanent improvements or any part additions to the Premises installed by or at the expense of any Alterations involving masonry, poured concrete, hard surface bonded Tenant after Tenaxx xxxk possession of the Premises or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) which were designated by LandlordLandlord at the time of construction to be removed by Tenant upon termination and all movable furniture and equipment belonging to Tenant which are not Tenant Alterations. Tenant shall repair any material damage to the Premises or Building caused by resulting from such removal. If Landlord so elects.
(b) At Landlord's option, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation voluntary or injury, and without charge, at the expiration or termination other surrender of this Lease by Tenaxx, xx mutual cancellation thereof, shall not work a merger, and shall then become the property operate as an assignment of Landlord. Tenant shall promptly surrender all keys for the Premises any and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessubleases or subtenancies.
Appears in 1 contract
Surrender of Premises. On Tenant agrees to surrender to Landlord, at the Expiration Date end of the Term or on the sooner upon any earlier termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with (i) as good condition as the terms of this Section and in good orderPremises were at the Occupancy Date, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. excepted; (ii) except as otherwise provided in this Lease, Tenant shall remove any telephoneits trade fixtures, data, furnishings and communication cabling and related equipment installed on from the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal; and (iii) Tenant shall also remove all rubbish from the Premises. If Landlord so electsTenant hereby expressly authorizes Landlord, as agent of Tenant, to remove such items shall remain upon rubbish and make such repairs as may be surrendered with necessary to restore the Premises as a part thereof, without disturbance, molestation or injury, to such condition and without charge, at charge Tenant the reasonable and actual cost. At the expiration or earlier termination of this Lease of Tenant’s right of possession, Tenant shall vacate and surrender possession of the entire Premises, ordinary wear and tear excepted, shall surrender all keys and key cards, and any parking transmitters, stickers or cards, to Landlord, and shall then become 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 or the Property. 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 of Landlordand shall remain upon the Premises, all without compensation, allowance or credit to Tenant, unless Landlord elects otherwise as provided herein. If prior to such termination Landlord so directs by notice, Tenant shall promptly surrender all keys remove such of the foregoing items as are designated in such notice and restore the Premises to the condition prior to the installation of such 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, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. All property not removed from the Premises and all key-cards or retaken from storage by Tenant within thirty (30) days after expiration or earlier termination of this Lease or Tenant’s right to possession, shall at Landlord’s option be conclusively deemed to have been conveyed by Tenant to Landlord at as if by xxxx of sale without payment by Landlord. Unless prohibited by applicable Law, Landlord shall have a lien against such property for the place then fixed for costs incurred in removing and storing the same. Tenant hereby waives any statutory notice to Landlord and shall inform Landlord vacate or quit the Premises upon expiration of the combinations on any locks and safes on the Premisesthis Lease.
Appears in 1 contract
Samples: Office Lease (Towerstream Corp)
Surrender of Premises. On the Expiration Date last day or on the sooner termination of this Leasethe term, or any extension term, Tenant shall peaceably quit and surrender the Premises in accordance with the terms of this Section and broom clean, in good order, condition and repair, broom-clean, excepting only repair (reasonable wear and tear excepted; provided that damage to the Premises (such as, but not limited to, walls, floors and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on ceilings) resulting from the specific business use of the Premises by Tenant shall not be considered ordinary wear and tear), together with all alterations, additions and improvements which may have been made in, on or to the Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the term whether Landlord desires to have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, and if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the term, remove from the Premises all its property together with any alterations, additions and improvements, the removal of which is requested by Landlord, and any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. The provisions of If the Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or sooner termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesterm.
Appears in 1 contract
Surrender of Premises. On 16.1 Upon any termination of this Lease, whether by lapse of time, cancellation pursuant to an election provided for herein, forfeiture, or otherwise, Tenant shall immediately surrender possession of the Expiration Date or Premises and all buildings and improvements on the sooner same (excepting those improvements which Landlord shall have required Tenant to remove therefrom pursuant to Paragraph 9.3 hereof) to Landlord in a clean and orderly condition and appearance, state of repair and operating order, and with all such improvements thereon in a good, safe, fully operable condition, and in full compliance with all Federal, State and local laws, rules, regulations and ordinances (including, without limitation, any laws, rules, regulations and ordinances relating to Hazardous Materials) and each provision of this Lease, including without limitation the provisions of Article IX hereof. If possession is not immediately surrendered, Landlord may, with process of law, enter the Premises and repossess the same and expel Tenant or any subtenant or occupant therefrom. Landlord shall hold the Premises after any such re-entry free of any right, privilege or estate of Tenant and without any duty or obligation to Tenant in respect of any subsequent reletting or disposition of the Premises. If Tenant's business operations on the Premises or uses of the Premises involve any generation, storage, use, treatment or disposal of any Hazardous Material, Tenant shall be responsible for removing any such Hazardous Materials from the Premises and for decontaminating the Premises and any neighboring properties affected by such Hazardous Materials.
16.2 Upon the termination of this Lease, Tenant, if not in default hereunder at the time, shall have the right to remove, and if directed so to do by Landlord shall remove, from the Premises, all of Tenant's machinery, equipment (excluding building service equipment), trade fixtures, signs, furniture, furnishings, supplies and inventory then installed or in place in, on or about the Premises. Except as hereinafter expressly set forth, such removal shall be completed prior to the expiration or earlier termination of this Lease; provided, however, if Tenant is in default of this Lease at such time, then Tenant may not remove the foregoing items of property from the Premises; and Landlord shall have a lien thereon as security against loss or damage resulting from Tenant's default. Tenant shall make all repairs to the Premises required because of such removal and Tenant shall restore the Premises to their condition as existed when the Lease Term commenced. If this Lease shall terminate at any time other than the time herein fixed as the expiration of the Lease Term, and occurring not due to a default by Tenant, then Tenant, if not in default hereunder at the time, shall have a reasonable time thereafter to effect the removal of the foregoing items, not to exceed thirty (30) days. Tenant shall pay Minimum Rent and items designated in this Lease as additional rent to Landlord on a per diem basis during the time such removal is taking place.
16.3 If any of Tenant's machinery, equipment, trade fixtures, signs, furniture, furnishings, supplies and inventory remain on the Premises after the end of the term hereof or time allowed to remove the same, such property shall be deemed abandoned by Tenant and it shall become the property of Landlord without any claim therein of Tenant should Landlord so elect.
16.4 Upon termination of this Lease, Tenant shall peaceably surrender the Premises in accordance a "broom-clean" condition, with all refuse and debris removed therefrom, and with all electrical, plumbing, heating and air conditioning installations in a good, safe and fully operable condition, and prior to such termination, Tenant shall fill or repair any holes or openings made by Tenant in the walls, roof or floor of the building, remove any protuberance, and perform any maintenance or repairs required of Tenant by this Lease. Nothing contained in this Paragraph 16.4 shall be deemed to limit Tenant's repair and maintenance obligations pursuant to Article IX of this Lease. If directed so to do by Landlord, Tenant shall also remove any improvements, additions or alterations made to the Premises by Tenant and thereafter restore the Premises to their original condition, even though such improvements by the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on Lease become a part of the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Target Logistics Inc)
Surrender of Premises. On (a) At the Expiration Date end of the term or on the any renewal thereof or other sooner termination of this Lease, the Tenant shall will peaceably surrender deliver up to the Premises Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in accordance with the terms of this Section and in good ordersame condition as received, condition and repairor first installed, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundertear, damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant shall remove any telephonemay, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, repairing any damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed shall be deemed abandoned by the Tenant, Tenant and title to the same shall not remove (thereupon pass to Landlord. Upon request by Xxxxxxxx, unless requested otherwise agreed to in writing by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s 's sole cost cost, any or all permanent improvements or additions to the Premises installed by or at the expense of Tenant, provided that Landlord so requested such approval at the time of giving its consent to the addition or improvement, and expenseall movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.
(b) The voluntary or other surrender of this Lease by Xxxxxx, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Landlord, either terminate all or any part existing subleases or subtenancies, or operate as an assignment to Landlord of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether all such subleases or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessubtenancies.
Appears in 1 contract
Samples: Lease Agreement (Clientlink Inc)
Surrender of Premises. On REMOVAL OF PROPERTY
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the Expiration Date option of Landlord, operate as an assignment to it of any or on all subleases or subtenancies affecting the sooner Premises.
(b) Upon the expiration of the Term of this Lease, or upon any earlier termination of this Lease, Tenant shall peaceably quit and surrender possession of the Premises to Landlord in accordance with as good order and condition as the terms of this Section same are now and in good orderhereafter may be improved by Landlord or Tenant, condition and repair, broom-clean, excepting only reasonable wear and tear and fire repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning, telephone and data cabling and other unavoidable casualty which articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord is required exercises its option to repair hereunder. have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall reenter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and Landlord may remove any telephone, dataor all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, if Tenant shall not remove fail to pay the cost of storing any such property after it has been stored for a period of ninety (unless requested to by 90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, pursuant in its sole discretion, may deem proper, without notice or to a notice given at demand upon Tenant, for the time payment of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of such charges or the removal of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionssuch property, and installed lighting equipment shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorneys' fees and costs for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.
(d) All fixtures, equipment, leasehold improvements, Alterations and/or appurtenances attached to or built into the Premises prior to or during the Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the same are Tenant’s Property) designated end of the Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord. Tenant Such fixtures, equipment, leasehold improvements, Alterations, additions, improvements and/or appurtenances shall repair any damage to include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the Premises or Building caused by such removal. If Landlord so electssystems mentioned above and for all telephone, such items shall remain upon radio, telegraph and be surrendered with the Premises as a part thereof, without disturbance, molestation or injurytelevision purposes, and without charge, at the expiration any special flooring or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesceiling installations.
Appears in 1 contract
Samples: Standard Multi Tenant Industrial Lease (Patriot Scientific Corp)
Surrender of Premises. On (a) At the Expiration Date or on the sooner termination of this Lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this Lease, Tenant shall peaceably surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord and make known to Landlord the combination of all locks of vaults then remaining in accordance with the terms Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of this Section Landlord therein to Landlord in as good condition as when Tenant originally took possession, ordinary wear, loss or damage by fire or other insured casualty, and in good orderdamage resulting from the act of Landlord or any of its respective employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and repairTenant shall pay the cost thereof to Landlord on demand.
(b) All installations, broomadditions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-cleantrade fixtures and improvements, except movable furniture and equipment belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, excepting only reasonable wear Tenant's Supplemental Equipment and tear Tenant's personal property and fire equipment, shall be Landlord's property and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on remain upon the Premises by Tenant. The provisions upon expiration of this Section shall survive the Term or sooner termination of this Lease. Notwithstanding any other provision hereofLease or Tenant's possession hereunder, Tenant shall not remove all without compensation, allowance or credit to Tenant; provided, however, that if prior to such expiration or termination or within ten (unless requested to 10) days thereafter Landlord so directs by Landlordwritten notice, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeTenant, at Tenant’s 's sole cost and expense) all or any part , shall promptly remove such of any Alterations involving masonrythe installations, poured concreteadditions, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and installed lighting equipment (whether or not improvements placed in the same Premises by Tenant as are Tenant’s Property) designated by Landlord. Tenant shall in such notice and repair any damage to the Premises or Building caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord on written demand. If Landlord so electsAll movable furniture and equipment shall remain the property of Tenant and, provided no continuing event of default exists hereunder with respect to Tenant's obligations, may be removed from the Premises at any time without Landlord's consent.
(c) Tenant shall leave in place any floor covering. Tenant shall remove Tenant's furniture, machinery, safes, trade fixtures and other items of movable personal property of every kind and description from the Premises and restore any damage to the Premises caused thereby, such items shall remain upon removal and restoration to be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at performed prior to the expiration of the Term or no later than three (3) days following the earlier termination of this Lease or Tenant's right of possession, whichever might be earlier (and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for upon prior written notice to Landlord, in the event such removal occurs after termination of this Lease or Tenant's right to possession), failing which Landlord may do so and thereupon the provisions of Section 18(f) shall inform Landlord apply.
(d) All obligations of Tenant under this Section 9 shall survive the expiration of the combinations on any locks and safes on the PremisesTerm or sooner termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Excal Enterprises Inc)
Surrender of Premises. On Xxxxxx agrees on the Expiration Date last day of the Lease Term, or on the sooner termination of this Lease, Tenant shall peaceably to surrender the Premises in accordance with the terms of this Section promptly and peaceably to Landlord (i) in good order, condition and repairrepair (damage by Acts of God, broom-cleanfire, excepting only reasonable normal wear and tear tear, casualty and fire condemnation excepted) and (ii) in broom clean condition. All of Tenant’s trade fixtures, furniture, furnishings, supplies, wall decorations and other unavoidable casualty which personal property (“Tenant’s Property”) and all Alterations (as defined below) shall remain unless Landlord is required in the related Consent to repair hereunderAlterations Agreement (defined in Paragraph 8 (Alterations and Additions)) and/or plans that any such Alteration(s) he removed from the Premises. Tenant shall remove be responsible for repairing any telephoneand 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, dataall 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 communication 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 required to remove such Non-Consented Alterations and related equipment installed on shall be responsible for repairing all damages to the Premises by Tenantresulting from the installation and/or removal of said Non-Consented Alterations. The provisions Landlord shall respond to Xxxxxx’s request for Landlord’s consent for Xxxxxx’s pending alterations request in writing within thirty (30) days of this Section shall survive termination receipt of this Lease. Notwithstanding 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 other provision hereofapplicable Alterations in said Consent to Alterations Agreement, Tenant shall not be required to remove the same. If Tenant does not remove any of such (unless requested i) Alterations required to be removed in the respective Consent to Alterations Agreement and/or (ii) any Non-Consented Alterations required by LandlordLandlord to be removed, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removethen Landlord may, at Tenant’s sole cost and expense, 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 within thirty (30) all or any part of days following Xxxxxxxx’s written statement therefore. As to any Alterations involving masonryrequired to be removed by Tenant, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage restore the area to the Premises or Building condition existing prior to the installation and repair all damage caused by such installation and removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, is not surrendered to Landlord in the condition required by this Paragraph 6 at the expiration or sooner termination of this Lease Lease, Landlord may, at Tenant’s expense, so remove Xxxxxx’s Property and/or Alterations not so removed and shall then become the property of Landlordmake such repairs and replacements not so made or hire, at Xxxxxx’s expense, independent contractors to perform such work. Tenant shall promptly surrender be liable to Landlord for all keys 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 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 the Premises cost and all key-cards to expense Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesincurred related thereto.
Appears in 1 contract
Surrender of Premises. On the Expiration Date or on the sooner termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the Upon expiration or termination of this Lease and shall then become or upon the property termination of Tenant's right of possession, whether by lapse of time or at the Landlord. 's option as herein provided, Tenant shall promptly immediately surrender possession of the Premises to Landlord and remove all keys for of its property therefrom as permitted or required hereunder, and if such possession is not immediately surrendered, Landlord may re-enter the Premises and remove all key-cards persons and property therefrom. Without limiting the generality of the foregoing, Tenant agrees to remove at the termination of this Lease all personal property to which Tenant is entitled under Article 16 hereof, together with any Leasehold Improvements Landlord designates in writing to be removed. All damage to the Premises or the Building arising from Tenant's moving of property in or out of the Building including damage to floors due to overloading, shall be fully repaired at Tenant's sole expense. If Tenant fails or refuses to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without cost, set-off, credit allowance or otherwise, and Landlord may accept title to such property, or at the place then fixed for notice Tenant's expense, remove it or any part thereof in any manner that Landlord shall choose and store or dispose of it without incurring liability to Tenant or any other person. Neither surrender of this Lease by Tenant nor a mutual cancellation thereof shall cause a merger, but rather shall, at Landlord's option, operate to terminate any or all subleases or subtenancies or operate as an assignment to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesor all of such subleases or subtenancies.
Appears in 1 contract
Samples: Lease Agreement (Sse Telecom Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably vacate and surrender the Premises to Landlord in accordance with the terms of this Section and in as good order, condition and repairrepair as existed upon Landlord's delivery of the Premises to Tenant, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty repairs which are specifically made the responsibility of Landlord is required hereunder excepted. Notwithstanding the foregoing, prior to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on Tenant's surrender of the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease Lease, Tenant shall, at its sole cost and expense, cause the following to be done: (i) all interior walls shall then become the be painted or cleaned, as necessary; (ii) all tiled floors shall be cleaned; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all debris, rubbish, such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property of Landlord. owned by Tenant shall promptly surrender all keys for or installed or placed by Tenant at its expense in the Premises shall be removed; and all key-cards (vi) 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). In addition, at Landlord's request, Tenant shall, prior to Landlord at the place then fixed for notice to Landlord and shall inform Landlord Tenant's surrender of the combinations on Premises to Landlord, (i) remove any locks Alterations which Tenant is required to remove pursuant to Section 5.5 and safes on repair all damage caused by such removal, and (ii) return the PremisesPremises or any part thereof to its original configuration existing as of the time the Premises were delivered by Landlord to Tenant, except as provided in this Lease.
Appears in 1 contract
Surrender of Premises. On Subject to the Expiration Date provisions of Section 8, at the expiration or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord with those portions of the Premises which Tenant is responsible to maintain under subsection 16.2 in accordance with broom-clean condition, in substantially as good condition as when Tenant received the terms 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 Section and in good orderLease; provided, condition and repairhowever, broom-cleanif the Lease is terminated because of Tenant's default within ten (10) years after the Rent Commencement Date, excepting only Tenant shall restore the Premises to substantially its original condition, reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderexcepted. Tenant shall promptly remove any telephone, data, and communication cabling and related all of its equipment installed on in the Premises by Tenant. The provisions of this Section shall survive at the expiration or earlier termination of this Lease. Notwithstanding any other provision hereofUnless 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 not remove (unless requested assign to by LandlordLandlord all warranties for property which remains in the Premises. Any alterations, pursuant to a notice given at equipment or personal property remaining in the time Premises after the termination of the Alteration pursuant to Section 13.1Lease, described in which case Tenant Landlord's notice and not timely removed by Tenant, shall remove, be deemed abandoned and may be removed and disposed of by Landlord at Tenant’s sole 's cost and expense) all or , which cost and expense shall be paid within thirty days after demand. Landlord shall have no obligation to store any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesitems.
Appears in 1 contract
Samples: Shopping Center Lease (Nbi Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section neat and clean condition and in good order, condition and repair, broom-cleantogether with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only reasonable ordinary wear and tear use and damage by fire and or other unavoidable casualty which Landlord is required to for which, under other provisions of this Lease, Tenant has no responsibility of repair hereunderor restoration. Tenant shall remove any telephoneall of Tenant's Removable Property and, datato the extent specified by Landlord, (i) 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 (ii) any wiring, cables or other installations appurtenant thereto for Tenant's computer, telephone and other communication cabling systems and related equipment installed on whether located in the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding or in any other provision hereofportion of the Building, including all risers. Upon such removal, Tenant shall not remove (unless requested restore the Premises to by Landlordtheir condition prior to such alterations, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost additions and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, improvements and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage damages to the Premises or the Building caused by such removalremoval and restoration. If Landlord so elects, such items Any Tenant's Removable Property which shall remain upon and be surrendered with in the Building or on the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and shall then become the either may be retained by Landlord as its property or may be disposed of Landlord. Tenant shall promptly surrender all keys for the Premises in such manner as Landlord may see fit, at Tenant's sole cost and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (SmartPros Ltd.)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of this Leasethe Lease Term, Tenant shall peaceably agrees to quit and surrender the Premises in accordance with the terms of this Section and in good order, condition and repairPremises, broom-clean, excepting only in good condition and repair, reasonable use, wear and tear tear, natural deterioration and fire insured casualty excepted, together with all keys and other unavoidable casualty which Landlord is required combinations to repair hereunder. Tenant shall remove locks, safes and vaults and all improvements, alterations, additions, lighting fixtures and equipment at any telephonetime made or installed in, data, and communication cabling and related equipment installed on upon or to the interior or exterior of the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof(except personal property, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, signs and trade fixtures put in which case Tenant shall remove, at Tenant’s sole cost and 's expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and which shall then become the property of LandlordLandlord without any claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall promptly surrender remove all keys of Tenant's personal property, signs and trade fixtures and any and all materials, substances, devices or equipment defined as hazardous or otherwise controlled under any governmental law, rule or regulation and, at Landlord's option, Tenant shall also remove any alterations, additions, fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to the interior or exterior of the Premises, and Tenant shall repair any damage caused thereby. If Tenant shall fail to remove any of Tenant's personal property and trade fixtures, then at the option of Landlord, the same shall either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If Tenant shall leave any of said personal property or trade fixtures on the Premises with Landlord's consent, then Landlord shall have the right to remove and store such property, at the expense of the Tenant, upon twenty-four (24) hours notice to Tenant and to hold Tenant responsible for any and all key-cards charges and expenses incurred therefor. If Tenant shall fail to remove any hazardous or controlled materials, substances, devices or equipment, then Landlord at shall have the place then fixed right, without further notice or demand, to cause the removal of such hazardous or controlled materials, substances, devices or equipment and hold Tenant responsible for any and all cost incurred therefor. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord and against all loss or liability resulting from the delay of Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall inform Landlord survive the expiration or sooner termination of the combinations on any locks and safes on the PremisesLease Term.
Appears in 1 contract
Surrender of Premises. On the Expiration Date or on the sooner termination of this Lease, a. Tenant shall peaceably surrender the Premises to Landlord on the Expiration Date, in accordance with the terms of this Section broom-clean condition and in as good ordercondition as when Tenant took possession, condition and repair, broom-clean, excepting only except for (i) reasonable wear and tear and tear, (ii) loss by fire and or other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, datacasualty, and communication cabling (iii) loss by condemnation. On or before the Expiration Date, Tenant shall, on Landlord's request, remove Tenant's Property and related equipment installed repair all damage to the Premises or Building caused by such removal.
b. If Tenant abandons or surrenders the Premises, or is dispossessed of the Premises by process of law or otherwise, any of Tenant's Property left on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofbe deemed to be abandoned, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeand, at Tenant’s sole cost and expense) Landlord's option, title shall pass to Landlord under this Lease as by a bill xx sale. If Landlord elects to remove all or any part of any Alterations involving masonrysuch Tenant's Property, poured concretethe cost of removal, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair including repairing any damage to the Premises or Building caused by such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession, shall be paid by Tenant. If Landlord so electsmay, such items shall remain upon and be surrendered with the Premises as a part thereofat its option, without disturbancenotice, molestation sell said effects, or injury, any of the same at private sale and without chargelegal process, at for such price as Landlord may obtain and apply the expiration or termination proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and shall then become upon the property expense incident to the removal and sale of Landlordsaid effects. On the Expiration Date, Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 1 contract
Samples: Office Building Lease (Viasat Inc)
Surrender of Premises. On 16.1 Upon any termination of this Lease, whether by lapse of time, cancellation pursuant to an election provided for herein, forfeiture, or otherwise, Tenant shall immediately surrender possession of the Expiration Date or Premises and all buildings and improvements on the sooner same (excepting those improvements which Landlord shall have required Tenant to remove therefrom pursuant to Paragraph 9.3 hereof) to Landlord in a clean and orderly condition and appearance, state of repair and operating order, and with all such improvements thereon in a good, safe, operable condition, and in full compliance with all Federal, State and local laws, rules, regulations and ordinances (including, without limitation, any laws, rules, regulations and ordinances relating to Hazardous Materials) and each provision of this Lease, including without limitation the provisions of Article IX hereof. If possession is not immediately surrendered, Landlord may, with process of law, enter the Premises and repossess the same and expel Tenant or any subtenant or occupant therefrom. Landlord shall hold the Premises after any such re-entry free of any right, privilege or estate of Tenant and without any duty or obligation to Tenant in respect of any subsequent reletting or disposition of the Premises. If Tenant’s business operations on the Premises or uses of the Premises involve any generation, storage, use, treatment or disposal of any Hazardous Material, Tenant shall be responsible for removing any such Hazardous Materials from the Premises and for decontaminating the Premises and any neighboring properties affected by such Hazardous Materials.
16.2 Upon the termination of this Lease, Tenant, if not in default hereunder at the time, shall have the right to remove, and if directed so to do by Landlord shall remove, from the Premises, all of Tenant’s machinery, equipment (excluding building service equipment), trade fixtures, signs, furniture, furnishings, supplies and inventory then installed or in place in, on or about the Premises. Except as hereinafter expressly set forth, such removal shall be completed prior to the expiration or earlier termination of this Lease; provided, however, if Tenant is in default of this Lease at such time, then Tenant may not remove the foregoing items of property from the Premises; and Landlord shall have a lien thereon as security against loss or damage resulting from Tenant’s default. Tenant shall make all repairs to the Premises required because of such removal and Tenant shall restore the Premises to their condition as existed when the Lease Term commenced ordinary wear and tear excepted. If this Lease shall terminate at any time other than the time herein fixed as the expiration of the Lease Term, and occurring not due to a default by Tenant, then Tenant, if not in default hereunder at the time, shall have a reasonable time thereafter to effect the removal of the foregoing items, not to exceed thirty (30) days. Tenant shall pay Minimum Rent and items designated in this Lease as additional rent to Landlord on a per diem basis during the time such removal is taking place.
16.3 If any of Tenant’s machinery, equipment, trade fixtures, signs, furniture, furnishings, supplies and inventory remain on the Premises after the end of the term hereof or time allowed to remove the same, such property shall be deemed abandoned by Tenant and it shall become the property of Landlord without any claim therein of Tenant should Landlord so elect.
16.4 Upon termination of this Lease, Tenant shall peaceably surrender the Premises in accordance a “broom-clean” condition, with all refuse and debris removed therefrom, and with all electrical, plumbing, heating and air conditioning installations in a good, safe and fully operable condition, and prior to such termination, Tenant shall fill or repair any holes or openings made by Tenant in the walls, roof or floor of the building, remove any protuberance, and perform any maintenance or repairs required of Tenant by this Lease. Nothing contained in this Paragraph 16.4 shall be deemed to limit Tenant’s repair and maintenance obligations pursuant to Article IX of this Lease. If directed so to do by Landlord, Tenant shall also remove any improvements, additions or alterations made to the Premises by Tenant and thereafter restore the Premises to their original condition, even though such improvements by the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on Lease become a part of the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 1 contract
Samples: Lease (Hansen Natural Corp)
Surrender of Premises. On (a) The voluntary or other surrender of this Sublease by Tenant to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the Expiration Date option of Landlord, operate as an assignment to it of any or on all Subleases or subtenancies affecting the sooner Premises.
(b) Upon the expiration of the term of this Sublease, or upon any earlier termination of this LeaseSublease, Tenant shall peaceably quit and surrender possession of the Premises in accordance with the terms of this Section and to Landlord in good orderorder and condition, condition and repair, broom-clean, excepting only reasonable wear and tear tear, damage by fire or other casualty, condemnation and fire and repairs or other unavoidable casualty work for which Landlord is required to repair hereunder. Tenant shall remove any telephone, dataobligated hereunder excepted, and communication cabling and related equipment installed on shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant. The provisions Tenant or installed or placed by Tenant at its expense in the Premises, and all similar articles of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, persons claiming under Tenant shall not remove (unless requested Landlord exercises its option to by Landlord, pursuant have any subleases or subtenancies assigned to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionsit, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any all damage to the Premises or Building caused by resulting from such removal.
(c) Any property of Tenant not removed by Tenant upon the expiration of the term of this Sublease (or within seventy-two (72) hours after a termination or re-entry by Landlord pursuant to Section 21 hereof) shall be considered abandoned. Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Sections 1980, et seq., and may, thereafter, remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord a security interest in said abandoned property, in the event it is not reclaimed within the statutory period. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord so electsmay sell any or all of such property at public or private sale, in such items shall remain manner and at such time and places as Landlord, in its sole discretion, may deem proper without notice to or demand upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injuryTenant, and without chargeshall apply the proceeds of such sale: first, at to the expiration or termination costs and expenses of this Lease and shall then become such sale, including reasonable attorneys’ fees actually incurred; second, to the property payment of Landlord. Tenant shall promptly surrender all keys the costs for the Premises removal and all key-cards storing of any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord at the place then fixed for notice to Landlord and shall inform Landlord from Tenant under any of the combinations on any locks terms hereof; and safes on fourth, the Premisesbalance, if any, to Tenant.
Appears in 1 contract
Surrender of Premises. On Upon the Expiration Date expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section neat and clean condition and in good order, condition and repair, broom-cleantogether with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only reasonable ordinary wear and tear use and damage by fire or other casualty and other unavoidable casualty which Landlord is required to repairs for which, under other provisions of this Lease, Tenant has no responsibility of repair hereunderand restoration. Tenant shall remove all of Tenant’s Removable Property and, to the extent specified by Landlord at the time Landlord consents to such installation, all alterations and additions made by Tenant and all partitions wholly within the Premises; and shall repair any telephone, data, and communication cabling and related equipment installed damage to the Premises or the Building caused by such removal. Any Tenant’s Removable Property which shall remain in the Building or on the Premises by Tenant. The provisions after the expiration or termination of the Term of this Section Lease shall survive termination be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removesuch manner as Landlord may see fit, at Tenant’s sole cost and expense) all or . Tenant, at its sole risk, cost and expense, shall remove any part telephone/data/internet wiring and cables installed by Tenant in the Premises at such time that Tenant moves out of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease Lease, unless any such wiring and shall then become cables are installed in connection with the property approved build out and are a component of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises’s Work.
Appears in 1 contract
Samples: Lease Agreement (Bladelogic Inc)
Surrender of Premises. On At the Expiration Date expiration of the Term or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the terms provisions of this Section and in good order, condition and repair, broom-clean, excepting only reasonable 27 hereof. Normal wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove not include any telephone, data, and communication cabling and related equipment installed on the Premises damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The provisions of this Section shall survive On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given at or about the time Tenant requests Landlord’s consent to an Alteration, require Tenant, at Tenant’s expense, to remove any or all such requested Alterations and 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. Notwithstanding any other provision hereofthe foregoing, Tenant shall not be obligated to remove (unless requested any Alterations made to by Landlord, pursuant the Premises during its previous occupancy thereof prior to a notice given at the time Commencement Date of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all this Lease or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated tenant improvements made by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removalremoval of the Tenant’s Property, the requested Alterations and the Removable TIs. If 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 so electsat Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such items property; provided, however, Tenant shall remain upon liable to Landlord for all costs incurred in storing and be surrendered with 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 a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become 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 promptly surrender all keys 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 and all key-cards damages, expenses, costs, losses or liabilities arising from any delay by Tenant 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 Landlord at the place then fixed for notice lost opportunities to Landlord and shall inform Landlord lease any portion of the combinations on Premises to any locks such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and safes on the Premisescosts.
Appears in 1 contract
Surrender of Premises. On the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good ordersame condition as when the Lease Term commenced, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear or damage from casualty excepted. Except for furnishings, trade fixtures, telephone and fire data cabling/wiring, Tenant installed supplemental HVAC equipment, and other unavoidable casualty personal property installed by Tenant or at Tenant's expense, all of which shall be removed by Tenant at the expiration or earlier termination of the Lease, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord is required to repair hereunder. Tenant or Tenant, shall remove any telephone, data, be Landlord's property and communication cabling and related equipment installed at the expiration or earlier termination of the Lease Term shall remain on the Premises by without compensation to Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofthe above, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeshall, at its expense and without delay, remove any alterations, additions or improvements which Landlord designated to be removed when Landlord consented to Tenant’s sole cost and expense) all 's such alterations, additions, or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionsimprovements, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to repair the Premises, Landlord so electsmay complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of such items shall remain upon and be surrendered with the Premises as a part thereof, property in its sole discretion without disturbance, molestation or injuryany liability to Tenant, and without charge, at further may charge the expiration or termination cost of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards any such disposition (including storage expenses) to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant.
Appears in 1 contract
Surrender of Premises. On (a) At the Expiration Date end of the term or on the any renewal thereof or other sooner termination of this Lease, the Tenant shall will peaceably surrender deliver up to the Premises Landlord possession of the Premises, together with all improvements, alterations or additions upon or belonging to the same, by whomsoever made, in accordance with the terms of this Section and in good ordersame condition as received, condition and repairor first installed, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundertear, damage by fire, earthquake, act of God, or the elements alone excepted. Tenant shall remove any telephoneshall, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all movable furniture, equipment and computer and telephone cables belonging to Tenant, at Tenant's sole cost, title to which shall be in name of Tenant until such termination, repairing any material damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed shall be deemed abandoned by the Tenant, Tenant and title to the same shall not remove (unless requested thereupon pass to Landlord. Unless otherwise agreed to in writing by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s 's sole cost cost, any or all permanent improvements or additions to the Premises installed by or at the expense of Tenant and expenseall movable furniture, equipment and computer and telephone cables belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.
(b) The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Landlord, terminate all or any part of any Alterations involving masonryexisting subleases or subtenancies, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargemay, at the expiration or termination of this Lease and shall then become the property option of Landlord. Tenant shall promptly surrender , operate as an assignment to it of any or all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessuch subleases or subtenancies.
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Surrender of Premises. On (a) Upon the Expiration Date termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, Tenant shall quit and surrender possession of the Leased Premises to Landlord, broom clean, in as good condition as existed at the commencement of Tenant’s occupancy, ordinary wear and tear and damage by fire or other casualty excepted. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs (including interior and exterior signs and monument signs), furnishings, equipment (including all communication cables and other cables other than the “Initial Cabling”), trade fixtures, satellite dishes and communications equipment, merchandise and other personal property installed or placed in the Leased Premises by Tenant or its permitted subtenants and all debris and rubbish, and Tenant shall repair all damage to the Leased Premises and the Buildings resulting from such removal, and shall repair the Buildings, including the exterior, to the condition that existed prior to Tenant’s installation thereof (including exterior signage). Tenant shall not be obligated to remove the “Initial Cabling,” which shall mean all cables and wires that exist on the sooner Effective Date and the wires and cables installed by Tenant during the first thirty six (36) months following the Commencement Date and made as part of the Leasehold Improvements (as hereinafter defined) that was not included in the Original Lease. If Tenant fails to remove any of the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, Tenant shall peaceably surrender then Landlord may, at its sole option, (i) deem any or all of such items abandoned and the Premises sole property of Landlord, or (ii) remove any and all such items and dispose of same in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderany manner. Tenant shall remove pay Landlord on demand any telephoneand all reasonable out-of-pocket expenses incurred by Landlord in the removal of such items, dataincluding, without limitation, the cost of repairing any damage to the Leased Premises or the Buildings caused by such removal and storage charges (if Landlord, in its sole discretion, elects to store such property).
(b) All installations, additions, partitions, hardware, cables, wires, fixtures and improvements, temporary or permanent (including, but not limited to, any work performed by or on behalf of Tenant in excess of Tenant’s initial Leasehold Improvements described in Section 5.1(a) hereof (“Tenant’s Extra Work”)), except for Tenant’s signs, furnishings, equipment, communication cabling cables (other than Initial Cabling), telephone switches, trade fixtures, merchandise and related equipment installed on other personal property, in or upon the Premises Leased Premises, whether placed there by Tenant. The provisions of this Section shall survive Tenant or Landlord, shall, upon the termination of this Leaselease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Leased Premises, all without compensation, allowance or credit to Tenant. Notwithstanding With respect to any other provision hereofimprovements or alterations made after the Effective Date, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given if at the time Landlord consents to Tenant’s installation thereof, Landlord advises Tenant that Landlord will require removal of the Alteration pursuant to Section 13.1same upon termination, in which case Tenant shall removethen Tenant, at Tenant’s sole cost and expense) all , upon termination of this Lease by lapse of time or any part otherwise or upon the earlier termination of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) right of possession, shall promptly remove such designated items placed in or upon the Leased Premises by Landlord. or on behalf of Tenant shall and repair any damage to the Leased Premises or Building the Buildings caused by such removal, failing which Landlord may remove the same and repair the Leased Premises or the Buildings, as the case may be, and Tenant shall pay the cost thereof to Landlord on written demand; provided, however, that Landlord shall not require removal of any leasehold improvement existing as of the Effective Date (except as otherwise specifically provided herein, e.g. signage) or any Leasehold Improvements made after the Effective Date but which are consistent with general office space in Class A buildings or of the Initial Cabling (but as to Initial Cabling, outlets, termination panels and wiring diagrams shall also remain if the Initial Cabling is not removed). If Landlord so elects, such items Tenant hereby agrees and acknowledges that the generator in place at the time of Tenant’s occupancy as well as the UPS system are considered base building materials and shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
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Surrender of Premises. On the Expiration Date or on the sooner termination of this Lease, Tenant Subtenant shall peaceably surrender the Premises in accordance with the terms to Sublandlord upon expiration or earlier termination of this Section Sublease, in broom-clean condition and in as good ordercondition as when Subtenant took possession, condition and repair, broom-clean, excepting only except for (i) reasonable wear and tear and tear, (ii) loss by fire and or other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephonecasualty, data(iii) loss by condemnation, and communication cabling (iv) any other loss to the extent caused by the gross negligence or intentional misconduct of Sublandlord. Subtenant shall, on Sublandlord’s request, remove Subtenant’s personal property, trade fixtures, equipment, and related movable partitions (if any), upon the expiration or earlier termination of this Sublease and promptly repair all damage to the Premises or Building caused by such removal, which obligations shall survive the expiration or earlier termination of this Sublease. If Subtenant abandons the Premises, any of Subtenant’s personal property, trade fixtures or equipment installed left on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofbe deemed to be abandoned, Tenant shall not remove and, upon giving ten (unless requested 10) days prior written notice to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeSubtenant, at TenantSublandlord’s sole cost option, title shall pass to Sublandlord under this Sublease as by a xxxx of sale. If Subtenant abandons the Premises and expense) Sublandlord elects to remove all or any part of any Alterations involving masonrySubtenant’s personal property, poured concretethe reasonable cost of removal, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair including repairing any damage to the Premises or Building caused by such removal, shall be paid by Subtenant. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at Upon the expiration of the Term or earlier termination of this Lease and the Sublease, Subtenant shall then become the property of Landlord. Tenant shall promptly surrender all keys and security access cards for the security system for the Premises and all key-cards installed by Subtenant (if any) to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesSublandlord.
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Surrender of Premises. On Removal of Property -------------------------------------------------------
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the Expiration Date option of Landlord, operate as an assignment to it of any or on all subleases or subtenancies affecting the sooner Premises.
(b) Upon the expiration of the Term of this Lease, or upon any earlier termination of this Lease, Tenant shall peaceably quit and surrender possession of the Premises to Landlord in accordance with as good order and condition as the terms of this Section same are now and in good orderhereafter may be improved by Landlord or Tenant, condition and repair, broom-clean, excepting only reasonable wear and tear and fire repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning, telephone and data cabling and other unavoidable casualty which articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord is required exercises its option to repair hereunder. have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall re-enter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned, and Landlord may remove any telephone, dataor all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, if Tenant shall not remove fail to pay the cost of storing any such property after it has been stored for a period of ninety (unless requested to by 90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, pursuant in its sole discretion, may deem proper, without notice or to a notice given at demand upon Tenant, for the time payment of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of such charges or the removal of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionssuch property, and installed lighting equipment shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorney's fees for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.
(d) All fixtures, Alterations and/or appurtenances attached to or built into the Premises prior to or during the Term of the Lease, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the same are Tenant’s Property) designated end of the Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord. Such fixtures, leasehold improvements, Alterations, additions, improvements and/or appurtenances shall include, but not be limited to all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Tenant shall remove all of Tenant's equipment and trade fixtures on or before the expiration or earlier termination of this Lease, and shall repair any all damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
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Surrender of Premises. On 16.1 Upon the Expiration Date or on the sooner termination of this Lease, whether by lapse of time, cancellation pursuant to an election provided for herein, forfeiture, or otherwise, Tenant shall peaceably immediately surrender possession of the Premises (excepting those improvements which Landlord shall have required Tenant to remove therefrom pursuant to Paragraph 9.3 hereof) to Landlord in accordance a clean and orderly condition and appearance, state of repair and operating order, and with all such improvements thereon in a good, safe, fully operable condition, and in full compliance with all Federal, State and local laws, rules, regulations and ordinances (including, without limitation, any laws, rules, regulations and ordinances relating to Hazardous Materials, except to the terms extent relating to Pre-existing Environmental Conditions) and each provision of this Section Lease, including without limitation the provisions of Article IX hereof. If possession is not immediately surrendered, Landlord may, with process of law, enter the Premises and repossess the same and expel Tenant or any subtenant or occupant therefrom. Landlord shall hold the Premises after any such re-entry free of any right, privilege or estate of Tenant and without any duty or obligation to Tenant in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderrespect of any subsequent reletting or disposition of the Premises. Tenant shall remove any telephone, data, and communication cabling and related equipment installed If Tenant's business operations on the Premises or uses of the Premises involve any generation, storage, use, treatment or disposal of any Hazardous Material, Tenant shall be responsible for removing any such Hazardous Materials from the Premises and the Building Complex and for decontaminating the Premises and the Building Complex and any neighboring properties affected by Tenant. The provisions of this Section shall survive such Hazardous Materials.
16.2 Upon the termination of this Lease. Notwithstanding any other provision hereof, Tenant, if not in default hereunder at the time, shall have the right to remove, and if directed so to do by Landlord shall remove, from the Premises, all of Tenant's machinery, equipment (excluding building service equipment), trade fixtures, signs, furniture, furnishings, supplies and inventory then installed or in place in, on or about the Premises or the Building Complex (except that Tenant shall not be required to remove (unless requested any Exempt Alterations). Except as hereinafter expressly set forth, such removal shall be completed prior to by Landlord, pursuant to a notice given at the time expiration or earlier terminations of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlordthis Lease. Tenant shall repair any damage make all repairs to the Premises or the Building caused by Complex required because of such removalremoval and Tenant shall restore the Premises and the relevant portion of the Building Complex to their condition as existed when the Lease Term commenced. If Landlord so elects, such items this Lease shall remain upon and be surrendered with terminate at any time other than the Premises time herein fixed as a part thereof, without disturbance, molestation or injurythe expiration of the Lease Term, and without chargeoccurring not due to a default by Tenant, then Tenant, if not in default hereunder at the expiration or termination time, shall have a reasonable time thereafter to effect the removal of this Lease and shall then become the property of Landlordforegoing items, not to exceed sixty (60) days. Tenant shall promptly surrender all keys for pay Minimum Rent and items designated in this Lease as additional rent to Landlord on a per diem basis during the time such removal is taking place.
16.3 If any of Tenant's machinery, equipment, trade fixtures, signs, furniture, furnishings, supplies and inventory remain on the Premises and all key-cards to Landlord at after the place then fixed for notice to Landlord and shall inform Landlord end of the combinations on term hereof or time allowed to remove the same, such property of Landlord without any locks and safes on the Premisesclaim therein of Tenant should Landlord so elect.
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Surrender of Premises. On Upon the Expiration Date expiration or on the sooner other termination of this Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises in accordance with the terms of this Section and every part thereof and all alterations, additions and improvements thereto, broom clean and in good order, condition and state of repair, broom-clean, excepting only except for reasonable wear and tear and fire and other unavoidable casualty tear, damage caused by Landlord or its agents, contractors or employees (acting within the scope of their employment) which Landlord is not covered by insurance of the type required to be maintained by Tenant under this Lease, and damage caused by fire, casualty or condemnation (the repair hereunder. obligations for which are covered by Articles 22 and 35 hereof), and Tenant shall remove any telephoneall personalty, dataall Tenant’s Equipment and all other equipment not attached to the Demised Premises which it has placed upon the Demised Premises and the Project, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested restore the Demised Premises and the Project to by Landlord, pursuant to a notice given at the condition immediately preceding the time of the Alteration pursuant to Section 13.1, in which case placement thereof Tenant shall remove, at also be responsible for removing all wires and cables installed by Tenant in the Demised Premises and other portions of the Building to serve Tenant’s sole cost Equipment and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionsTenant’s telecommunications and computer systems in the Demised Premises, and installed lighting equipment (whether or not the same are Tenant’s Property) designated removal of such wires and cables shall be effected by Landlord. Tenant shall repair any without damage to the Premises Building and without interference with the business or Building caused by such removaloperations of Landlord or any other tenant of the Building. If Landlord so electsTenant shall fail or refuse to remove all of Tenant’s effects, such items shall remain personalty, Tenant’s Equipment and other equipment from the Demised. Premises and the Project upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty, Tenant’s Equipment and other equipment shall then become the property be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise .disposed of Landlord. by Landlord without written notice to Tenant or any other party and without obligation to account for them Tenant shall promptly surrender all keys for the Premises pay Landlord on demand any and all key-cards expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and storage charges (if Landlord at the place then fixed for notice elects to Landlord store such property). The covenants and conditions of this Article 32 shall inform Landlord survive any expiration or termination of the combinations on any locks and safes on the Premisesthis Lease.
Appears in 1 contract
Surrender of Premises. On Tenant shall, upon expiration of the Expiration Date term hereof, or any earlier termination of this Lease for any cause:
33.a. Surrender to Landlord the Premises, including, without limitation, all building apparatus and equipment then upon the Premises and all alterations, improvements, and other additions thereto that may have been made or installed by either party. If Tenant shall not then be in default, Tenant may remove its trade fixtures, signs and other personal property, not including ceilings, light fixtures, air conditioning equipment and duct work, floor and wall coverings, doors, windows, window coverings, including blinds, and partitions, which items shall remain in the Premises and become the property of Landlord without any payment therefor. Landlord acknowledges that, except as otherwise set forth in the Lease Agreement, Landlord has no interest in any personal property, equipment, furniture and fixtures which may be installed by Tenant upon Premises, and Landlord's waiver or mortgagee's waiver or similar document consistent with the provisions of this Lease as may be reasonably required by an institutional lender or equipment lessor in connection with Tenant's acquisition or financing respecting such personal property, equipment, furniture and fixtures.
33.b. If Tenant shall then be in default, Tenant shall not have the right to remove any of said trade fixtures, signs and other personal property and the same shall remain and become the property of Landlord. Landlord shall have a Landlord's lien against Tenant's property until said default is remedied.
33.c. The leased Premises and all said property (other than the trade fixtures, signs and other personal property which Tenant has the right to remove) shall be surrendered to Landlord by Tenant without any damage, injury, or disturbance thereto, or payment therefor, reasonable wear and tear excepted. Tenant, at its expense, shall immediately repair any damage to the Premises caused by his vacating the same or by Tenant's removal of trade fixtures, signs and other personal property, and shall leave the premises in a neat and clean condition, free of debris.
33.d. When Tenant vacates the Premises, whether at the expiration of the term or earlier termination of the Lease or upon abandonment of the Premises by Tenant, any items of personal property belonging to Tenant remaining on the sooner termination Premises shall be deemed to be and hereby are conveyed to Landlord, without any payment of additional consideration, and Landlord shall, without notice to Tenant, be entitled to use or dispose of the said items of personal property as Landlord, in its sole discretion, sees fit. Notwithstanding the foregoing, however, and subject to the other provisions of this Lease, Tenant may reclaim any such items of personal property provided that Tenant does so within five (5) days after having otherwise vacated the Premises and provided further that Tenant first compensates Landlord for any expenses reasonably incurred by Landlord in the protection and/or storage of the said items of personal property. On or prior to the expiration of this Lease, Tenant shall peaceably surrender to Landlord all keys to the Building, the Premises in accordance with and to interior locks within the terms Premises.
33.e. Tenant's obligations to observe and perform any of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section Article 33 and Landlord's rights hereunder shall survive the expiration of the term hereof or earlier termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 1 contract
Samples: Office Building Lease (Schimatic Cash Transactions Network Com Inc)
Surrender of Premises. On the Expiration Date expiration or on the sooner termination of this Leasethe --------------------- Term, Tenant shall peaceably surrender to Landlord the Leased Premises and all Tenant's improvements and alterations, broom clean, in good order, condition, and repair, except for ordinary wear and tear or condemnation or destruction of the Leased Premises, and except for trade fixtures that Tenant has removed. Tenant shall also deliver to Landlord all keys to the Leased Premises and the combination to any safe, remove all its personal property, and make all repairs and reimbursements required pursuant to this Lease; provided, however, Tenant may not remove its personal property from the Leased Premises without Landlord's prior written consent, if Tenant is in breach or default hereunder, but upon direction of Landlord, Tenant shall immediately remove such property in accordance with the terms hereof. Landlord may elect to retain or dispose of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which any manner any alterations or Tenant's personal property that Tenant does not remove from the premises on expiration or termination of the Term. Title to any such alterations or Tenant's personal property that Landlord is required elects to repair hereunderretain or dispose of after expiration of the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or personal property. Tenant shall remove any telephonebe liable to Landlord for Landlord's costs of storing, dataremoving, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part disposing of any Alterations involving masonry, poured concrete, hard surface bonded alterations or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or Tenant's personal property which Landlord does not the same are Tenant’s Property) designated by Landlordelect to acquire. Tenant shall repair be responsible for the cost of repairing any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord in consequence of the combinations on any locks and safes on the Premisesremoval of Tenant's trade fixtures.
Appears in 1 contract
Samples: Lease Agreement (Comdial Corp)
Surrender of Premises. On At the Expiration Date expiration of the Term or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the terms provisions of this Section and in good order, condition and repair, broom-clean, excepting only reasonable 27 hereof. Normal wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove not include any telephone, data, and communication cabling and related equipment installed on the Premises damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The provisions of this Section shall survive On or before the expiration or earlier termination of this Lease. Notwithstanding , (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 (other provision hereofthan the Tenant Improvements and provided that Tenant will not be required to remove any Alterations as to which, at the time that Tenant requested permission or approval for making such Alterations, Tenant requested that Landlord indicate whether or not such Alterations would be required to be removed and Landlord indicated that such Alterations would not be required to be removed) and Tenant shall remove 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 Tls"), Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by LandlordRemovable Tls. Tenant shall repair any damage to the Premises or Building caused by such removalremoval of the Tenant's Property, the requested Alterations and the Removable Tls. If 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 so electsat Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such items property; provided, however, Tenant shall remain upon liable to Landlord for all costs incurred in storing and be surrendered with disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those Alterations which Landlord requires Tenant to remove shall remain in the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become 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 promptly surrender all keys 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 Landlord and Landlord's Indemnitees (defined below) harmless from and against any and all key-cards damages, expenses, costs, losses or liabilities arising from any delay by Tenant 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 Landlord at the place then fixed for notice lost opportunities to Landlord and shall inform Landlord lease any portion of the combinations on Premises to any locks such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and safes on the Premisescosts.
Appears in 1 contract
Samples: Lease Agreement (Loudcloud Inc)
Surrender of Premises. On Lessee will deliver up and surrender to Lessor possession of the Expiration Date Demised Premises upon the expiration of this Lease or its termination in any way, in as good condition and repair as the same shall be at the commencement of said term (loss by any casualty covered by insurance, fire, defaults inherent in construction not performed by Lessee, ordinary wear and decay, and any repairs which Lessor is made responsible for by this Lease, only excepted) and deliver the keys at the office of Lessor or Lessor's agent. Except as may otherwise expressly be requested by Lessor in writing, Lessee shall, on or before the sooner expiration or earlier termination of this LeaseLease or vacation of the Demised Premises, Tenant shall peaceably surrender the Premises at its sole cost and expense, properly and in accordance with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the terms federal, state, county, and municipal governments, and any and all of this Section their divisions, departments, and bureaus, and without causing injury or damage to the Demised Premises or the Building, remove, close, and/or cleanup, as may be appropriate, all trade fixtures; mezzanines; raised floors; processed water cooling towers and chillers; chemical processing equipment and piping; sump pumps; storage tanks; waste treatment facilities; below grade sumps; containment dikes; specialized electrical services and distribution; all other machinery, equipment, components, systems, and improvements used in good orderor associated with Lessee's manufacturing operations; and all potentially contaminated or hazardous improvements, condition surfaces, piping, and repairmaterials so as to restore the Demised Premises to normal, broom-generally usable, clean, excepting only reasonable wear and tear safe warehouse condition. Lessee shall be solely responsible for any damage caused to the Demised Premises or the Building by said removal, closure, and fire cleanup and shall immediately repair such damage, or at Lessee's option, remit to Lessor the cost of repairing said damage. With respect to sumps and containment dikes, Lessee shall remove all concrete and other unavoidable casualty which Landlord is required material comprising sumps and containment dikes. Lessee shall collect a minimum of two soil samples from each sump and containment dike to repair hereunder. Tenant shall remove any telephonedemonstrate that there are no Hazardous Substances, dataincluding, but not limited to VAP-regulated metals, hexavalent chromium, and communication cabling and related equipment installed tin, as appropriate based on the Premises history of each sump, present on Lessor's property. All sample analyses must be performed by Tenantan independent Ohio-certified laboratory. The provisions of this Section shall survive termination If a release is documented, Lessee must respond to the release in accordance with Article VI(1)(b) of this Lease. Notwithstanding Following any other provision hereof, Tenant shall not remove (unless requested to by Landlord, soil removal required pursuant to a notice given at this Lease, Lessee shall emplace compacted backfill in the time sump and/or containment dike void and finish the floor area with concrete to match the adjacent concrete. All workmanship related to the investigation, remediation, and concrete replacement shall be in accordance with accepted industry practices. Prior to performing any work pursuant to this Article VI, Section 6, Lessee shall submit to Lessor for review and approval detailed plans and specifications for the work to be performed, together with such additional documentation as Lessor may reasonably require. Lessor shall have the right to require reasonable modifications of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost plans and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated specifications submitted by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLessee.
Appears in 1 contract
Samples: Lease (Innovex Inc)
Surrender of Premises. On Except for changes resulting from eminent domain proceedings, at the Expiration Date expiration or on the sooner termination of this Leasethe Lease Term, Tenant shall peaceably surrender the Premises in accordance with the terms same condition as the Premises were in upon delivery of possession thereto under this Section and in good orderLease, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable damage due to casualty which Landlord is (to the extent not required to repair hereunder. be repaired or restored by Tenant shall remove any telephone, dataunder this Lease) excepted, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord the payment of rent and shall inform Landlord of the all combinations on any locks locks, safes and safes on vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory, machinery, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. Xx Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 23 LLC)
Surrender of Premises. On the Expiration Date expiration of the Term or on the sooner termination of this Lease, Tenant shall shall, at Tenant's sole cost, (a) promptly and peaceably surrender the Premises to Landlord "broom clean," in accordance good order and condition, (b) repair any damage to the Property caused by or in -------------------- (29) within five (5) calendar days after the date connection with the terms removal of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the floors, walls and ceilings of the Premises to Landlord's reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. The provisions Before surrendering the Premises, Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofLandlord without compensation; however, Tenant shall not remove (unless requested to by any personal property or trade fixtures from the Premises without Landlord, pursuant to a notice given at 's prior written consent if such removal will impair the time structure of the Alteration pursuant to Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 13.138-3-1, in which case Tenant shall removeet seq., at Tenant’s sole cost and expense) all of the Utah Code Ann. (or any part of replacement provision). Landlord may require Tenaxx to remove any Alterations involving masonrypersonal property, poured concretetrade fixtures, hard surface bonded or adhesively affixed flooringother property, plumbingalterations, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, additions and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage improvements made to the Premises by Tenant or Building caused by such removal. If Landlord so electsfor Tenant including, such items shall remain upon without limitation, any computer lines, wiring, cabling and be surrendered with facilities and other similar improvements, and to restore the Premises to their condition as a part thereofof the Commencement Date. All personal property, without disturbance, molestation trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or injury, and without charge, at on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and shall then become the property may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall promptly pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender all of the Premises shall be effected by Landlord's acceptance of the keys for or of the rent or by any other means without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and all key-cards delivered to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant a written release.
Appears in 1 contract
Samples: Office Lease (Arkona Inc)
Surrender of Premises. On 1. Unless otherwise required by Landlord, as provided in this paragraph twenty-five, upon the Expiration Date expiration or on the sooner other termination of this the Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section and in good order, condition condition, and repair, broom-clean, excepting only reasonable ordinary wear and tear and damage by fire and or other unavoidable casualty which is insured against with standard extended coverage endorsements excepted, and, except as otherwise provided in the Lease, shall remove all of Tenant's personal property and Trade Fixtures from the Premises.
2. Unless otherwise required by Landlord, as provided in this paragraph twenty-five, upon the expiration or other termination of the Lease, Landlord, ten (10) days after written notice to Tenant, may, at Landlord's election, retain, sell, convey, or otherwise dispose of any or all improvements, furniture, fixtures or other tangible personal property left remaining upon the Premises upon termination or expiration of the term. Tenant expressly waives and releases all claims against Landlord is required for any damage or loss to repair hereunderTenant resulting from Landlord’s retention or disposition of such property. In such event, Landlord shall have no obligation to inventory or account for such tangible personal property. Tenant shall remove be liable to Landlord for Landlord's costs for storing, removing and disposing of any telephoneor all of Tenant's property.
3. All other provisions of the Lease notwithstanding, dataat Landlord's option, upon the expiration of the Lease term and upon written notice from Landlord to Tenant, given at least thirty (30) days prior to the expiration of the Lease term, Tenant shall, at Tenant's cost and expense, quit and surrender the Premises to Landlord in "Lease Ready Condition," as described and defined paragraph 25.06 hereof. In order to insure that all work required by this paragraph 25.03 is performed to Landlord's requirements and specifications, all such work, demolition, construction, reconstruction, repair, replacement, painting, and communication cabling and related equipment installed on so forth required in order to place the Premises in Lease Ready Condition shall be performed by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofreputable, Tenant shall not remove (unless requested to professional contractors approved by Landlord, pursuant with all electrical and plumbing work to a notice given at be performed by Colorado licensed electricians and plumbers. Furthermore, all such work, demolition, construction, reconstruction, repair, replacement, painting and so forth, required to place the time of the Alteration pursuant Premises in Lease Ready Condition shall be inspected and approved by Landlord prior to Section 13.1acceptance by Landlord, in which case Tenant and if such work does not meet Landlord's requirements and specifications, such work shall removebe brought to Landlord's requirements and specifications, at Tenant’s 's sole cost and expense, prior to being accepted by Landlord.
4. All other provisions of the Lease notwithstanding, at Landlord's option, upon written notice from Landlord to Tenant at any time within sixty (60) all or any part days after Landlord takes possession of the Premises as the result of any Alterations involving masonrydefault or breach of the Lease by Tenant, poured concreteLandlord may, hard surface bonded or adhesively affixed flooringat Tenant's cost and expense, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, place the Premises in "Lease Ready Condition," and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall reimburse Landlord for all costs and expenses of such work within ten (10) days of Landlord's invoice to Tenant there for.
5. In addition to the foregoing, Tenant shall, upon the expiration or other termination of the Lease, or upon the Tenant's vacation of the Premises, whichever first occurs, cause all exterior panel signage to be removed by a Landlord approved sign company, with such company to then replace, at Tenant's sole cost and expense, the sign panels so removed with new blank panels which comply with the Sign Criteria for the Building so that the next tenant using that sign area has new panels with which to fabricate such tenant's new sign. Further, where such signage is attached directly to the building itself, rather than as a sign panel, all such signage shall be removed and all areas of the building where the sign was attached shall be properly cleaned, repaired, patched, and, if necessary, painted or stained in order to fully repair any damage cause by the installation, maintenance and removal of such sign.
6. Lease Ready Condition," as that term is used in the Lease, shall entail returning the Premises to as close to the condition as the Premises were in as originally constructed as is reasonably possible, with no interior improvements other than restrooms, dropped grid ceiling system with industry standard drop in lighting, perimeter walls to current electrical code, freshly painted interior walls, and a clean, smooth and flat concrete floor ready for new tenant finishes. "Lease Ready Condition" shall also mean and include the following:
(a) All fixtures, furnishings, equipment, plumbing and electrical that are not part of the original demising walls, ceilings, or Building caused restrooms, shall be removed.
(b) All interior partition walls, excluding only restroom walls, shall be removed and all damage resulting from such removal shall be patched and otherwise repaired.
(c) All flooring materials shall be removed and the concrete floor shall be cleaned, repaired and returned to a flat and smooth condition.
(d) All demising walls and drywall shall be returned to good, sound, clean and patched condition, and shall be painted.
(e) All demising wall knock out panels shall be in place, fully reconditioned, repaired, and patched, as necessary, and painted.
(f) All electrical circuitry throughout the Premises shall be certified by such removala Colorado licensed electrician to meet current electrical codes.
(g) All plumbing throughout the Premises shall be certified by a Colorado licensed plumber to meet current plumbing codes.
(h) The Premises shall contain a complete and fully functional dropped grid ceiling, or other ceiling acceptable to Landlord, with industry standard lighting included.
(i) All interior walls shall be freshly painted with a paint approved by Landlord and all windows shall be cleaned.
7. If Tenant fails to surrender the Premises to Landlord so electswithin the time, such items and in the condition, as provided for herein, Tenant shall remain upon reimburse, indemnify and be surrendered with hold Landlord harmless from all damages and costs incurred by Landlord and resulting from Tenant's failure to surrender the Premises as a part thereofrequired herein, including, without disturbancelimitation, molestation or injuryall costs and expenses incurred by Landlord in completing the work required by this paragraph 25 as well as all claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises as required.
8. Tenant's obligation to observe and perform the provisions of this paragraph twenty-five shall survive the expiration of the Lease term, shall survive any other termination of the Lease, and without charge, at shall survive Landlord's possession of the expiration or termination Premises pursuant to any provision of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesor as otherwise allowed by law.
Appears in 1 contract
Samples: Lease Agreement (Growlife, Inc.)
Surrender of Premises. On At the Expiration Date or on expiration of the sooner termination of this Leasetenancy hereby created, Tenant shall peaceably surrender the Premises Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures attached or not, equipment attached or not, signs and other personal property installed by Tenant, provided that in accordance with no event shall Tenant remove any of the terms of this Section following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom clean and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderexcepted. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on all its property not required to be surrendered to Landlord before surrendering the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost as aforesaid and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removalthereby. If Landlord so elects, such items shall remain upon and be surrendered with Any personal property remaining in the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease the Term shall be deemed abandoned by Tenant, and Landlord may claim the same and shall then become the property of Landlordin no circumstances have any liability to Tenant therefor. Upon termination, Tenant shall promptly also surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall and, if applicable, inform Landlord of the any combinations on any of locks and or safes on in the Premises. If the Premises are not surrendered at the end of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation claims made by the succeeding tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease.
Appears in 1 contract
Surrender of Premises. On (a) At the Expiration Date termination of this lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord and make known to Landlord the combination of all locks of vaults then remaining in the Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of Landlord therein to Landlord in good condition, excepting ordinary wear and tear, loss or damage by fire or other insured casualty and damage resulting from the act of Landlord or, any of its employees and agents. If Tenant fails to return the Premises and such equipment and fixtures to Landlord in such condition, then Landlord may restore the Premises and such equipment and fixtures to such condition, and Tenant shall pay the cost thereof to Landlord on demand.
(b) All installations, additions, non-movable partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements, except movable furniture, movable partitions and equipment (such excepted property to include, without limitation, kitchen, cafeteria, vending, printing, duplication, electronic data processing, communications, word processing, reproduction, library, exercise, photographic and other trade fixtures, appliances and equipment, howsoever affixed to, or installed in the Premises, including any portable, movable, non-permanent or detachable dividers and partitions) belonging to or possessed by Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, or placed elsewhere by Tenant in the Building, shall be Landlord's property and shall remain upon the Premises and Building upon expiration or sooner termination of this Leasethe Term or Tenant's possession hereunder, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good orderall without compensation, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required allowance or credit to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions If Tenant so elects, upon expiration of this Section shall survive the Term or termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration Term pursuant to Section 13.146 hereof, in which case Tenant shall remove, it may at Tenant’s 's sole cost and expense) all or any part expense remove such of any Alterations involving masonrythe installations, poured concreteadditions, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and installed lighting equipment (whether improvements placed in the Premises or not Building which are above building standard and cost in excess of the same are Tenant’s Property) designated by Landlord. 's Allowance, as Tenant shall elects and repair any damage to the Premises or Building caused by such removal, provided, that, if Tenant fails to repair such damage Landlord may do so and Tenant shall pay the cost thereof to Landlord on written demand. If Landlord so electsNotwithstanding the foregoing, at Landlord's option and upon notice to Tenant, Tenant shall remove (i) the following items: any equipment, fixtures or furnishings used in the kitchen/cafeteria located in the Premises, including any horizontal exhaust ducts (but not including any vertical black iron ducts or any building standard improvements in such area), any raised flooring, any supplemental air- conditioning units, but not including any part of any cooling tower, and any other Tenant Improvements above building standard and costing in excess of the Landlord's Allowance, and (ii) any items installed by or for Tenant, other than as part of Tenant Improvements in the Premises, (including, without limitation, as part of Tenant Improvements in the Post-Occupancy Expansion Space), where Landlord, pursuant to Section 11(e), required removal as a condition to consent to such work.
(c) At the sole option of Tenant, Tenant may leave in place any floor covering without compensation to Tenant, or Tenant may remove any floor covering and shall remove all fastenings, paper, glue, bases or other vestiges and restore the floor surface to its previous condition. Tenant shall also remove Tenant's furniture, machinery, safes, trade fixtures and other items of movable personal property of every kind and description from the Premises and restore any damage to the Premises caused thereby, such items shall remain upon removal and restoration to be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at performed prior to the expiration of the Term or no later than ten (10) days following the earlier termination of this Lease lease or Tenant's right of possession, whichever might be earlier (and shall then become upon prior written notice to Landlord, in the property event such removal occurs after termination of Landlordthis lease or Tenant's right to possession). Landlord may remove such items if Tenant fails to do so, subject to the provisions of Section 16(f). Tenant shall promptly surrender all keys for repair any damage to the Premises and all key-cards caused by such removal. Notwithstanding anything herein to Landlord at the place then fixed for notice contrary, except as provided in Section 46, Tenant shall not be obligated to Landlord and remove the escalators within Tenant's Premises.
(d) All obligations of Tenant under this Section 7 shall inform Landlord survive the expiration of the combinations on any locks and safes on the PremisesTerm or sooner termination of this lease.
Appears in 1 contract
Samples: Lease (Chicago Title Corp)
Surrender of Premises. On the Expiration Date or on the sooner At termination of this LeaseLease by lapse of time or otherwise, Tenant shall peaceably surrender the Premises together with all alterations, additions and improvements thereto, in accordance with the terms of this Section broom-clean condition and in good order, condition order and repair, broom-clean, excepting only reasonable except for ordinary wear and tear and fire and other unavoidable casualty damage for which Landlord Tenant is required not obligated to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of make repairs under this Lease. Notwithstanding any other provision hereofUpon such termination all installations, alterations, additions, hardware and improvements, including partitions which may have been installed by either Landlord or Tenant upon the Premises shall remain upon the Premises and shall be Landlord's property, all without compensation, allowance or credit, except that Tenant's trade fixtures and furniture shall remain Tenant's property and Tenant shall prior to such termination remove the same. It is further provided, however, that (i) if prior to such termination or within (15) days thereafter Landlord so directs by notice to Tenant, Tenant shall not promptly remove any installations, alterations, additions, hardware or improvements placed in the Premises after the Commencement Date (unless requested to by Landlordor any personal property of Tenant) and designated in the notice, pursuant to a notice given at failing which Landlord may remove the time same and Tenant shall pay the cost of such removal and of any necessary restoration of the Alteration pursuant to Section 13.1, in which case Premises; and (ii) Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall promptly repair any damage to the Premises or Building caused by any such removal. If Landlord so elects, such items removal by Tenant and shall remain upon and be surrendered with restore the Premises as a part thereof, without disturbance, molestation or injury, to the condition in which they were prior to the installation of the items so removed. It is specifically agreed that Tenant's covenants set forth in sub-sections (i) and without charge, at (ii) above shall survive the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 1 contract
Samples: Office Lease (Raj Ventures, Inc.)
Surrender of Premises. On At the Expiration Date end of the Term or on the any renewal thereof or other sooner termination of this Lease, Tenant shall will peaceably surrender deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received (e.g., the Premises in accordance with upon completion of the Landlord’s Work), or first installed, subject to the terms of Paragraphs 21 and 39 and this Paragraph 24, subject to normal wear and tear and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Section Lease (however, Landlord shall be entitled to charge Tenant for such repairs and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required replacements pursuant to repair hereunderParagraph 3). Tenant shall remove any telephoneshall, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all personal property, movable furniture, trade fixtures and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Notwithstanding Property which Tenant is not required to and does not so remove shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord, excluding any other provision hereof, Tenant shall not remove (unless requested to intellectual property rights. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to a notice given at the time provisions of the Alteration pursuant to Section 13.1Paragraph 6, in which case Tenant shall 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 movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any part of any Alterations involving masonryexisting subleases or subtenancies, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargemay, at the expiration or termination of this Lease and shall then become the property option of Landlord. Tenant shall promptly surrender , operate as an assignment to it of any or all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessuch subleases or subtenancies.
Appears in 1 contract
Samples: Lease Agreement (Audience Inc)
Surrender of Premises. On (a) At the Expiration Date end of the Term or on the any renewal thereof or other sooner termination of this Lease, Tenant shall will peaceably surrender deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in accordance with the same condition as received, or first installed, subject to the terms of this Section Paragraphs 39 & 21 and in good orderthe rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, condition and repairdamage by fire, broom-cleanearthquake, excepting only reasonable Act of God, ordinary wear and tear and fire and tear, Hazardous Substances (other unavoidable casualty than those for which Tenant is indemnifying Landlord is required pursuant to repair hereunderParagraph 39) or the elements alone excepted. Tenant shall remove any telephonemay, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed shall be deemed abandoned by Tenant, Tenant and title to the same shall not remove (unless requested thereupon pass to Landlord. Upon request by Landlord, pursuant and unless otherwise agreed to a notice given at the time of the Alteration pursuant to Section 13.1in writing by Landlord, in which case Tenant shall remove, at Tenant’s sole cost cost, any or all Alterations to the Premises installed by or at the expense of Tenant and expenseall movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any part of any Alterations involving masonryexisting subleases or subtenancies, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargemay, at the expiration or termination of this Lease and shall then become the property option of Landlord. Tenant shall promptly surrender , operate as an assignment to it of any or all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessuch subleases or subtenancies.
Appears in 1 contract
Samples: Sublease (DemandTec, Inc.)
Surrender of Premises. On Upon the Expiration Date expiration of the Term or on the sooner other termination of this Lease, Tenant shall shall, at its own cost, (a) promptly and peaceably surrender the Premises in accordance with the terms of this Section and to Landlord "broom clean," in good orderorder and condition, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove excepted; (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expenseb) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, patch and pain in a good and workmanlike manner satisfactory to Landlord all holes and other marks in the floors, walls and ceilings of the Premises to Landlord's reasonable satisfaction; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at its sole cost, remove its movable personal property only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises and become the property of Landlord without payment therefore; however, Tenant shall not remove any personal property, trade fixtures or other property fro the Premises without Landlord's prior written consent if such removalpersonal property, trade fixtures or other property is used in the operation of the Premises, the removal of such property, trade fixtures or other property will impair the structure of the Building, or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord so electsshall have a lien on such personal property, such items shall remain upon trade fixtures and be surrendered with other property. Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises as a part thereof, without disturbance, molestation by Tenant or injuryby Landlord for Tenant, and without chargeto restore the Premises to their condition on the date of this Lease. All personal property, at trade fixtures and other property of Tenant not removed from the Premises upon the abandonment of the Premises or upon the expiration of the Term or other termination of this Lease for any cause shall conclusively be deemed to have been abandoned and shall then become the property may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without notice to Tenant or any other person and without any obligation to account therefore. Tenant shall promptly pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from any such disposition. No surrender all of the Premises shall be effected by Landlord's acceptance of the keys for or of this rent or by any other means whatsoever without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and all key-cards delivered to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTenant a written release.
Appears in 1 contract
Samples: Lease (Herbst Gaming Inc)
Surrender of Premises. On No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably surrender deliver to Landlord the Premises in accordance with the terms of this Section and 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, excepting only reasonable wear and tear (and fire condemnation and other unavoidable casualty Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall control) excepted, and shall deliver to Landlord is all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling) Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to repair hereunderremove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall remove repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord upon 10 days written notice to Tenant and without any telephone, data, and communication cabling and related equipment installed on obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the Premises by Tenantsecurity interest granted under Section 21. The provisions of this Section 22 shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time end of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTerm.
Appears in 1 contract
Surrender of Premises. On the Expiration Date or on the sooner (a) Upon termination of this the Lease, subject to Section 14(b) hereinabove, Tenant shall peaceably surrender the Premises to Landlord, broom clean, and in the same condition that existed on the Commencement Date, except for ordinary wear and tear and damage by casualty. Tenant shall remove its machinery, equipment and Alterations (if such Alterations are required to be removed in accordance with the terms and provisions of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data14(b) hereinabove), and communication cabling and related equipment installed on repair any damages to the Premises caused by Tenantsuch removal. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlordany power wiring or power panels, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1lighting or lighting fixtures, in which case Tenant shall removewall coverings, blinds or other window coverings, carpets or other floor coverings, or heaters or air conditioners. Tenant, at Tenant’s sole cost and expense) all or any part of option, may remove any Alterations involving masonryfrom the Premises, poured concretewhether such Alterations were made prior to or after the Commencement Date, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. provided that Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with All property of Tenant remaining on the Premises as a part thereof, without disturbance, molestation after Tenant’s surrender of the Premises shall be deemed abandoned and at Landlord’s election may either be retained by Landlord or injury, and without charge, may be removed from the Premises at the expiration or termination of this Lease and shall then become the property of LandlordTenant’s expense. Tenant shall promptly surrender deliver to Landlord all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
(b) If during the last sixty (60) days of the Term, Tenant shall have removed all or substantially all of Tenant’s property and all of its personnel from the Premises, Landlord may at any time thereafter enter, alter, renovate and redecorate the Premises without any reduction or abatement of the Tenant’s rent or incurring any liability for any compensation to Tenant or adverse effect on this Lease or Tenant’s obligations hereunder. If Landlord commences alterations, renovations or redecorations to the Premises, Tenant shall not thereafter occupy the Premises.
Appears in 1 contract
Surrender of Premises. On 01. Unless otherwise required by Landlord, as provided in this Section 25, upon the Expiration Date expiration or on the sooner other termination of this the Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section and in good order, condition condition, and repair, broom-clean, excepting only reasonable ordinary wear and tear and damage by fire and or other unavoidable casualty which is insured against with standard extended coverage endorsements excepted, and, except as otherwise provided in the Lease, shall remove all of Tenant’s property therefrom.
02. Unless otherwise required by Landlord, as provided in this Section 25, upon the expiration or other termination of the Lease, Landlord, ten (10) days after written notice to Tenant, may retain or dispose of any or all improvements, furniture, fixtures or other personal property left remaining upon the Premises upon termination or expiration of the term. Tenant waives all claims against Landlord is required for any damage to repair hereunderTenant resulting from Landlord’s retention or disposition of such property. Tenant shall remove be liable to Landlord for Landlord’s costs for storing, removing and disposing of any telephone, data, and communication cabling and related equipment installed on the Premises by or all of Tenant’s property.
03. The All other provisions of this Section shall survive termination the Lease notwithstanding, at Landlord’s option, upon the expiration of this Lease. Notwithstanding any other provision hereofthe Lease term and upon written notice from Landlord to Tenant, given at least thirty (30) days prior to the expiration of the Lease term, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeshall, at Tenant’s sole cost and expense) , quit and surrender the Premises to Landlord in “Lease Ready Condition,” as described and defined in Section 24.06 hereof. In order to insure that all or any part of any Alterations involving masonrywork required by this Section 25.03 is performed to Landlord’s requirements and specifications, poured concreteall such work, hard surface bonded or adhesively affixed flooringdemolition, plumbingconstruction, switchesreconstruction, transformersrepair, floor coveringreplacement, wall covering, ceiling material, fixed partitionspainting, and installed lighting equipment (whether or not so forth required in order to place the same are Premises in Lease Ready Condition shall be performed by reputable, professional contractors of Tenant’s Property) designated choosing, however, all electrical and plumbing work shall be performed by Colorado licensed electricians and plumbers. Furthermore, all such work, demolition, construction, reconstruction, repair, replacement, painting and so forth, required to place the Premises in Lease Ready Condition shall be inspected and approved by Landlord prior to acceptance by Landlord. Tenant shall repair any damage to the Premises or Building caused by , and if such removal. If Landlord so electswork does not meet Landlord’s requirements and specifications, such items work shall remain be brought to Landlord’s requirements and specifications prior to being accepted by Landlord.
04. All other provisions of the Lease notwithstanding, at Landlord’s option, upon and be surrendered with written notice from Landlord to Tenant at any time within sixty (60) days after Landlord takes possession of the Premises as a part thereofthe result of any default or breach of the Lease by Tenant, without disturbance, molestation or injury, and without chargeLandlord may, at Tenant’s cost and expense, place the expiration or termination of this Premises in “Lease Ready Condition,” and shall then become the property of Landlord. Tenant shall promptly surrender reimburse Landlord for all keys for the Premises costs and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord expenses of the combinations on any locks and safes on the Premises.such work within ten
Appears in 1 contract
Samples: Lease Agreement
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner other termination of this Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises in accordance with the terms of this and every part thereof (except trade fixtures which Tenant may remove subject to Section 14, above) and all alterations, additions and improvements thereto, broom clean and in good order, condition and state of repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunderonly excepted. Tenant shall remove any telephone, dataall personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested restore the Demised Premises to by Landlord, pursuant to a notice given at the condition immediately preceding the time of the Alteration pursuant to Section 13.1, in which case placement thereof. If Tenant shall removefail or refuse to remove all of Tenant's effects, at Tenant’s sole cost personalty and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not from the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Demised Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease for any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall then become the property be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord. Tenant shall pay Landlord promptly surrender any and all keys for reasonable expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 31 shall survive any expiration or termination of this Lease. For purposes of this Section 31 and elsewhere in this Lease, Landlord and Tenant hereby acknowledge and agree that Tenant's trade fixtures, effects, personalty and equipment includes any free standing air conditioning units (excluding duct work), power distribution units, racks, cages, tape storage shelving units, satellite dishes, roof antennas and nonstructural electrical telecommunications, or computer equipment exclusively serving the Demised Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord installed by or on behalf of the combinations on any locks and safes on the PremisesTenant.
Appears in 1 contract
Samples: Lease Agreement (Infocrossing Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section neat and clean condition and in good order, condition and repair, broom-cleantogether 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 reasonable ordinary wear and tear use, damage by fire or other casualty, and fire and other unavoidable casualty which Landlord is required to repair hereundertaking by eminent domain. Tenant shall remove any telephoneall of Tenant's Removable Property and, data, and communication cabling and related equipment installed on to the Premises extent specified by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given Landlord at the time of Landlord's consent thereto, all alterations, installations and additions made by Tenant (excluding Tenant's Work, other than the Alteration pursuant to Section 13.1, Tank) and all partitions wholly within the Premises unless installed initially by Landlord in which case Tenant shall remove, at preparing the Premises for Tenant’s sole cost 's occupancy; and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage damages to the Premises Premises, the Building, or Building the Property caused by such removal, subject to Section 10.4 above. If Landlord so elects, such items Any Tenant's Removable Property which shall remain upon and be surrendered with in the Building or on the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at after the expiration or termination of the Term of this Lease (and vacancy thereof by Tenant) shall then become the be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of Landlord. Tenant shall promptly surrender all keys for the Premises in such manner as Landlord may see fit, at Tenant's sole cost and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (Repligen Corp)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section to Landlord broom-clean and in good order, the same condition and repair, broom-clean, excepting only as on the date Tenant took possession (a) except for reasonable wear and tear tear, loss by fire or other casualty and fire loss by condemnation, and other unavoidable casualty which Landlord is (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Notwithstanding the foregoing, Tenant will not be required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on improvements or alterations existing in the Premises by Tenant. The provisions as of this Section shall survive termination the date of full execution and delivery of this Lease. Notwithstanding Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any other provision hereoftime during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall not remove (unless requested promptly repair any damage to the Premises or to the Building resulting from such removal. If Xxxxxx abandons or surrenders the Premises or is dispossessed by Landlordprocess of law or otherwise, pursuant to a notice given at any of Tenant’s Property left on the time of the Alteration pursuant to Section 13.1Premises shall be deemed abandoned, in which case Tenant shall removeand, at TenantLandlord’s sole cost and expense) option, title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are such Tenant’s Property) designated by Landlord. Tenant shall repair , the reasonable cost of removal, storage and disposal of Tenant’s Property, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. If Landlord so electsOn the Expiration Date, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for and other means of entry to the Premises Premises, the Building and all key-cards to Landlord at the place then fixed for notice to Landlord Project, excluding Tenant’s access control system which shall be removed by Tenant, and shall inform Landlord of the combinations on and access codes for any locks and safes on located in the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Xxxxxxxx has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as Xxxxxxxx’s property.
Appears in 1 contract
Samples: Office Lease
Surrender of Premises. On Tenant shall upon expiration of the Expiration Date Lease Term, or on the sooner any earlier termination of this LeaseLease for any cause surrender to Landlord the Premises, including, without limitation, all building apparatus and equipment then upon the Premises (other than the trade fixtures, signs and other personal property which Tenant has the right to remove); and all alternations, improvements, and other additions thereto that may have been made or installed by either Landlord or Tenant to, in or upon the Premises, reasonable use and wear thereof excepted without payment therefor. Tenant, at its expense, shall peaceably surrender immediately repair any damage to the Premises caused by it vacating the same or by Tenant’s removal of such trade fixtures, signs and other personal property, and shall leave the Premises in accordance with a neat and clean condition, free of debris. Notwithstanding the terms of this Section foregoing, unless Landlord and Tenant otherwise agree in good orderwriting at the time an alteration, condition addition or improvement is made, at Landlord’s election and repairupon written demand by Landlord, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephonealternations, dataadditions, or improvements made by Tenant and communication cabling and related equipment installed on repair all damage caused to the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, their removal at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry. Landlord hereby acknowledges that, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are except for Tenant’s Property) designated by Landlord. “vault room,” which Tenant shall repair any damage be required to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain remove upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for restore the Premises as stated above, all of Tenant’s previously installed alterations, additions and all key-cards to Landlord at the place then fixed for notice improvements are acceptable to Landlord and that Tenant shall inform Landlord not be required to remove the same upon termination of the combinations on any locks and safes on the Premisesthis Lease.
Appears in 1 contract
Surrender of Premises. On At the Expiration Date expiration of this Lease, Tenant shall surrender the Premises in good condition and repair, normal wear and tear excepted, and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant's obligation to observe or on perform this covenant shall survive the expiration or other termination of this Lease. Prior to the expiration or sooner termination of this Lease, Tenant shall peaceably surrender remove any and all trade fixtures, equipment and other unattached items which Tenant may have left in the Premises in accordance with and which are susceptible to being moved without damage to the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlordbuilding. Tenant shall repair any damage to the Premises or Building caused by its removal of such removalfixtures and movables. In the event Tenant does not make such repairs, Tenant shall be liable for and agrees to pay Landlord's costs and expense in making such repairs, together with a sum equal to twenty percent (20%) of such cost and expenses to cover Landlord's overhead in making such repairs for Tenant. Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (included, but not limited to wall to wall carpeting, walls or ceilings, all of which shall be deemed to constitute a part of the interest and estate of the Landlord), nor shall Tenant remove any fixture or machinery that were furnished or paid for by Landlord whether initially installed or replaced. The Premises shall be left in a broomclean condition. If Landlord so elects, Tenant shall fail to remove its trade fixtures and other property not as provided in this section (W) such items fixtures and other property not removed by Tenant shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargedeemed abandoned by Tenant and, at the expiration or termination option of this Lease and the Landlord, shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.the
Appears in 1 contract
Samples: Lease (High Speed Access Corp)
Surrender of Premises. On (a) Lessee’s Transfer of the Expiration Date Premises to Lessor Upon Termination of Lease. Upon expiration or on the sooner earlier termination of this Lease, Tenant Lessee shall peaceably surrender the Premises and all improvements to Lessor, all of which shall be in accordance with good condition and useable, normal wear and tear excepted, free and clear of all third party rights, interests, encumbrances, liens, mortgages, deeds of trust, and any other security or other interests imposed thereon or to which they are subject, except for such as have been granted by Lessor or approved by Lessor in writing. No act of Lessor or its authorized representatives shall constitute Lessor’s acceptance of a surrender or abandonment of the Premises by Lessee unless that intent is specifically acknowledged in a writing signed by both parties.
(b) Lessee’s Transfer of All Business Assets to Lessor Upon Termination of Lease. Subject to the terms and conditions of this Section and in good order17.1, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive upon expiration or earlier termination of this Lease. Notwithstanding any other provision hereof, Tenant Lessee shall not remove (unless requested surrender, transfer, convey, assign and deliver to by Landlord, pursuant to a notice given at Lessor everything necessary and appropriate for the time uninterrupted operation of the Alteration pursuant Premises, the Hospital thereon, and all Hospital-affiliated business operations whether on or off the Premises. Lessee’s obligations under this Section 17.1 shall include the surrender, transfer, conveyance, assignment, and delivery to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expenseLessor of all of the following:
(i) all Hospital Assets and all other real and personal property, whether tangible or any part intangible, of any Alterations involving masonryLessee that relate to, poured concreteare connected with, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not are used in Lessee’s operation of the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for Hospital on the Premises and all keyHospital-cards affiliated business operations whether on or off the Premises, including without limitation (A) all inventories, equipment, furniture, fixtures, machinery, vehicles, office furnishings, and leasehold improvements, all in good and useable condition, normal wear and tear excepted; and (B) all cash, accounts receivable, and other non-cash short-term assets, including without limitation all advance payments, prepayments, prepaid expenses, deposits and the like;
(ii) subject to Landlord at Lessor’s written approval, all agreements and contracts with respect to operation of the place Hospital and all Hospital-affiliated business operations whether on or off the Premises, including without limitation real and personal property leases and subleases, provider/managed care agreements, and all warranties relating to any of the personal property;
(iii) all licenses, approvals, permits, provider numbers, certificates of need, certificates of exemption, franchises, accreditations and registrations and other governmental licenses, permits or approvals with respect to the operation of the Hospital and all Hospital- affiliated business operations whether on or off the Premises; and
(iv) all documents, records, operating manuals, files and computer hardware and software with respect to the operation of the Hospital and all Hospital-affiliated business operations whether on or off the Premises, including, without limitation, all patient records and medical records with respect to the operation of the Hospital, payroll and human resource records, equipment records, construction plans and specifications, and medical and administrative libraries.
(c) Meet and Confer Regarding Agreement to Implement Transfer Obligations. Beginning on the earlier to occur of one party’s delivery to the other of a written termination notice or the date that is five (5) years before the expiration of the Term of the Lease without the parties having entered into a new lease for the Premises, the parties shall meet and confer and negotiate in good faith and with diligence to enter into an agreement setting forth the specific terms and conditions for implementing the matters described in this Section 17.1, all other matters related to Lessee’s surrender of the Premises and transition of operation of the Hospital and all Hospital-affiliated business operations whether on or off the Premises to Lessor or Lessor’s designee, and everything necessary and appropriate for the uninterrupted operation of the Premises, the Hospital thereon, and all affiliated business operations, including those described in this Section 17.1. Any such agreement shall include the following:
(i) Except if doing so would cause Lessor to violate any law, regulation, ordinance, or ruling applicable to Lessor, Lessee, the Premises or any of the other assets, rights and interests required to be conveyed, assigned, delivered or transferred to Lessor upon Lease termination or expiration in accordance with this Section 17.1, Lessor shall assume all debts and obligations of Lessee with respect to the Premises, the operation of the Hospital and all Hospital- affiliated business operations whether on or off the Premises, and any assets, rights, and interests of Lessee conveyed, assigned, delivered, or transferred to Lessor upon Lease termination or expiration, except for any debts and obligations that required the approval or consent of Lessor as provided in this Lease or the Lessee’s Bylaws which approval or consent was not sought by Lessee or was properly withheld by Lessor. If Lessor’s assumption of any of Lessee’s debts and obligations would cause Lessor to violate any applicable law, regulation, ordinance, or ruling, then fixed for notice to Landlord Lessor and Lessee shall cooperate in good faith and shall inform Landlord use commercially reasonable efforts to attempt to re-structure or re-finance or otherwise alter or modify the debt or obligation so that Lessor can assume same without violating any applicable law, regulation, ordinance, or ruling.
(ii) Except if doing so would cause Lessor to violate any law, regulation, ordinance, or ruling applicable to Lessor, Lessee, the Premises or any other asset, right, or interest to be conveyed, assigned, or transferred to Lessor upon Lease termination or expiration in accordance with this Section 17.1, Lessor shall accept the conveyance, delivery, transfer, and assignment of all of Lessee’s assets, rights, and interests conveyed, assigned, delivered, or transferred to Lessor upon Lease termination or expiration subject to all third-party rights, interests, encumbrances, liens, mortgages, deeds of trust, and any other security or other interests imposed thereon or to which they are subject, except for any third-party rights, interests, encumbrances, liens, mortgages, deeds of trust, and any other security or other interests that required the approval or consent of Lessor as provided in this Lease or the Lessee’s Bylaws, which approval or consent was not sought by Lessee or was properly withheld by Lessor. If Lessor’s acceptance of the combinations on conveyance, delivery, transfer and assignment of any locks of Lessee’s assets, rights, and safes on interests subject to third-party rights, interests, encumbrances, etc., would cause Lessor to violate any applicable law, regulation, ordinance, or ruling, then Lessor and Lessee shall cooperate in good faith and shall use commercially reasonable efforts to attempt to re-structure said rights, interests, or encumbrances so that Lessor can accept same without violating any applicable law, regulation, ordinance, or ruling.
(iii) If, despite the parties’ efforts pursuant to subsections (i) and (ii) above, Lessor is unable to assume one or more of Lessee’s debts and obligations or to accept any conveyance, delivery, transfer and assignment of one or more of Lessee’s assets, rights, and interests without violating any applicable law, regulation, ordinance, or ruling, then Lessor may refuse to assume such of Lessee’s debts and obligations and assets, and Lessee shall not be obligated to assign to Lessor such Hospital Assets or other assets as are encumbered by such of Lessee’s debts and obligations, and Lessee shall retain all right, title and interest, and all obligations and duties, with respect to the same.
(iv) Lessee shall provide Lessor and its agents and representatives reasonable access to the Premises and to all of Lessee’s books and records regarding the Premises and Lessee’s operation of the Hospital for the purpose of Lessor showing same to any prospective new Lessee/operator of the Hospital. All such access shall be subject to appropriate confidentiality agreements/measures.
(d) There shall be no merger of this Lease, or of the leasehold estate created by this Lease, with the fee estate in the Premises by reason of the Lease, the leasehold estate created hereby, or any interest in this Lease or in the leasehold estate being held, directly or indirectly, by or for the account of any person or entity that owns the fee estate in the Premises or any interest therein, and no such merger shall occur unless and until all persons or entities at that time having an interest in the fee estate in the Premises, and all persons or entities (including any lender of Lessee) having an interest in this Lease, the Premises, or the leasehold estate created by this Lease, jointly execute and duly record a written instrument consenting to and effecting such a merger.
(e) Effective as of the date of termination of the Lease, Lessor shall have the unilateral right to remove and appoint some or all of the members of Lessee’s Board of Directors as provided in Lessee’s Bylaws.
Appears in 1 contract
Samples: Hospital Lease
Surrender of Premises. On At the Expiration Date or on the sooner termination of this Lease, Tenant shall peaceably surrender deliver possession of the Premises to Landlord in accordance as good condition as at the Commencement Date (but as altered or improved after such date in compliance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination requirements of this Lease), or as the same may have been improved during the Term, ordinary wear and tear, damage resulting from fire or other casualty or condemnation, and construction, maintenance, repairs and replacements required hereunder to be completed by Landlord excepted. Notwithstanding any other provision hereof, If Tenant shall not remove (unless requested installs improvements in the Premises reasonably determined by Landlord to by Landlord, pursuant to a notice given be special or non-standard and advises Tenant at the time such improvements are made that Landlord will require the same to be removed at the end of the Alteration pursuant Term, Landlord may require Tenant to Section 13.1, in which case Tenant shall remove, remove such special or non-standard improvements and repair the Premises at Tenant’s sole cost and expense) expense upon the termination of this Lease. Before surrendering possession of the Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment placed in the Premises by Tenant (whether or not the same are “Tenant’s Personal Property) designated ”). Tenant’s Personal Property shall be and shall remain the property of Tenant and may be removed by Landlord. Tenant at any time during the Term; provided that, if any of Tenant’s Personal Property is removed, Tenant shall promptly repair any damage to the Premises or Building caused by resulting from such removal. If Landlord so elects, such items shall remain upon and be surrendered with Tenant fails to remove any of the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the Tenant’s Personal Property prior to expiration or termination of this Lease and such failure continues for ten (10) days following written notice thereof from Landlord to Tenant, then Landlord may, at its sole option, (a) deem any or all of such items abandoned, and, at Landlord’s option, title to such items shall then become pass to Landlord under this Lease as by a xxxx of sale, or (b) remove and dispose of all or any part of Tenant’s Personal Property, in which event Tenant shall pay the property reasonable cost of Landlordremoval and disposal, including, without limitation, repairing any damage caused by such removal. Notwithstanding the foregoing, the parties to this Lease acknowledge the importance of complying with the National Electric Code, as amended from time to time, and all other applicable electric, fire and safety codes. Tenant shall promptly remove and properly discard any wiring and/or cabling installed for Tenant’s use to the extent required by applicable laws, codes, or regulations, before or as of the time of the surrender all keys for of the Premises, unless excused in writing by Landlord. Tenant hereby agrees that any such cabling or wiring installed during the Lease shall meet the requirements of the applicable electric, fire and safety codes. In the event that any wiring and/or cabling remains on the Premises upon surrender by Tenant, such items are deemed to be abandoned and may be removed and disposed of by Landlord as Landlord sees fit. To the extent Tenant is required to remove cabling and wiring pursuant to the provisions of this paragraph, all key-cards to Landlord expenses of such removal and disposal shall be at the place then fixed for notice to Landlord Tenant’s sole cost and shall inform Landlord of the combinations be payable on any locks and safes on the Premisesdemand.
Appears in 1 contract
Samples: Lease Agreement (Amsurg Corp)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner other termination of --------------------- this Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises in accordance with the terms of this Section and every part thereof and all alterations, additions and improvements thereto, broom clean and in good order, condition and state of repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable insured casualty which Landlord is required to repair hereunderonly excepted. Tenant shall remove any telephoneall personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises (including but not limited to Tenant's voice and data equipment and back-up power equipment installed by Tenant at Tenant's cost, datatrade fixtures and furniture), and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any all damage to the Premises Demised Premises, Building or Building Project caused by the removal of such removalproperty. If Landlord so electsTenant shall fail or refuse to remove all of Tenant's effects, such items shall remain personalty and equipment from the Demised Premises upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall then become the property be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of Landlordby Landlord without obligation to account for them. Tenant shall promptly surrender all keys for the Premises pay Landlord on demand any and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord expenses (net of the combinations on net proceeds, if any, received by Landlord from the sale, if any, of such property or any locks portion thereof) incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and safes on the Premisesstorage charges (if Landlord elects to store such property). The covenants and conditions of this Article 30 shall survive any expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on earlier termination of the sooner termination Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in accordance with the terms of this Section neat and clean condition and in good order, condition and repair, broom-cleantogether with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only reasonable ordinary wear and tear use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility of repair and other unavoidable casualty which Landlord is required to repair hereunderrestoration. Tenant shall remove any telephone(i) all of Tenant's Removable Property and, data, and communication cabling and related equipment installed on to the Premises extent specified by Landlord at the time of approval of Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given 's Plans or at the time of the Alteration pursuant to Section 13.1Landlord's consent thereto, all alterations and additions made by Landlord (in which case connection with Landlord's Work) or Tenant shall remove, at and all partitions wholly within the Premises whether made by Landlord or Tenant’s sole cost ; and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or the Building caused by such removal. If Landlord so elects, such items Any Tenant's Removable Property which shall remain upon and be surrendered with in the Building or on the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and shall then become either may be retained by Landlord as its property or may be disposed of in such reasonable manner as Landlord may see fit, at Tenant's sole cost and expense. Without limitation of the property foregoing, upon expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, (i) remove all exhaust hoods and related duct work (regardless of whether installed as part of Landlord. Tenant shall promptly surrender 's Work, or otherwise) and (ii) remove all keys for so-called "case work" designated as "to be removed" by Landlord in writing at the time of Landlord's approval of Tenant's Plans from the Premises and all key-cards shall repair any damage to Landlord at the place then fixed for notice to Landlord and shall inform Landlord Building or Premises resulting from the removal of the combinations on any locks matters defined in (i) and safes on the Premises(ii) hereof (ie. restoring same to condition prior to installation).
Appears in 1 contract
Samples: Sublease (Genomic Solutions Inc)
Surrender of Premises. On No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender deliver to Landlord the Premises in accordance with the terms of this Section and all improvements located therein in good orderrepair and condition, condition and repairfree of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-cleanclean condition including cleaning of interior surface of all walls, excepting only flooring, ceiling and/ or roof deck due to Tenant’s specific use (with such cleaning by commercial cleaning application as approved by Landlord), reasonable wear and tear (and fire condemnation and other unavoidable casualty Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord is all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to repair hereunderremove the initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition to the Premises or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall remove repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any telephone, data, and communication cabling and related equipment installed on obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the Premises by Tenantsecurity interest granted under Section 20. The provisions of this Section 21 shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 1 contract
Surrender of Premises. On Tenant shall, upon expiration of the Expiration Date term hereof, or on the sooner any earlier termination of this LeaseLease for any cause:
(a) Surrender to Landlord the leased premises, including, without limitation, all building apparatus, equipment then upon the leased Premises; and all alterations, improvements, and other additions thereto that may have been made or installed by either party to, in, upon or about the leased Premises. If Tenant shall not be then in default, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good ordermay remove its trade fixtures, condition and repair, broom-clean, excepting only reasonable wear and tear and fire signs and other unavoidable casualty personal property, but not including ceiling, light fixtures, air conditioning equipment and duct work, floor and wall coverings, doors, windows, window coverings including blinds, and partitions, which items shall remain in the leased Premises and become the property of Landlord is required to repair hereunder. without any payment therefore.
(b) If Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofbe then in default, Tenant shall not have the right to remove (unless requested to by Landlordany of said trade fixtures, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost signs and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, other personal property and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant Landlord shall promptly surrender all keys for the have a Landlord's lien against Tenant's property until said default is remedied.
(c) The leased Premises and all key-cards said property (other than the trade fixtures, signs and other personal property which Tenant has the right to remove) shall be surrendered to Landlord by Tenant without any damage, injury, or disturbance thereto, or payment therefore. Tenant, at its expense, shall immediately repair any damage to the place then fixed for notice to Landlord leased Premises caused by it vacating the same or be Tenant's removal of such trade fixtures, signs and other personal property, and shall inform Landlord have the premises in a neat and clean condition, free of debris.
(d) If Tenant fails to remove said trade fixtures, signs and other personal property, which Tenant has a right to remove pursuant hereto, within three (3) days after the termination of the combinations on term hereof, or earlier termination of the Lease, Landlord may, at its election"
(i) consider the same abandoned and retain the same as Landlord's property, or
(ii) remove and store the same for the account of Tenant and at Tenant's cost and expense.
(e) Tenant's obligation to observe and perform any locks and safes on of the Premisesprovisions of this Article shall survive the expiration of the term hereof or earlier termination of this Lease.
Appears in 1 contract
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner earlier termination of this Leasethe Term, Tenant shall peaceably deliver up and surrender to Landlord possession of the Premises in accordance with the terms of this Section Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, broom-clean, excepting only reasonable ordinary wear and tear excepted, and fire and other unavoidable casualty which shall deliver all keys to the Premises to the office of Landlord is required to repair hereunderat the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove any telephoneits personal property and trade fixtures; provided, datahowever, and communication cabling and related equipment installed on that
(a) Tenant shall repair all damage to the Premises by Tenantresulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obligations and conditions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The provisions of this Section obligations set forth in the preceding sentence shall survive the termination of this Lease. Notwithstanding Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or dispose of any other provision hereofor all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall not remove (unless requested pay to by Landlord, pursuant to a notice given 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 time of Interest Rate, from the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by date Landlord expended such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesamounts.
Appears in 1 contract
Surrender of Premises. On REMOVAL OF PROPERTY -------------------------------------------------------
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the Expiration Date option of Landlord, operate as an assignment to it of any or on all subleases or subtenancies affecting the sooner Premises.
(b) Upon the expiration of the term of this Lease, or upon any earlier termination of this Lease, Tenant shall peaceably quit and surrender possession of the Premises to Landlord in accordance with as good order and condition as the terms of this Section same are now and in good orderhereafter may be improved by Landlord or Tenant, condition and repair, broom-clean, excepting only reasonable wear and tear tear, casualty and fire repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other unavoidable casualty which articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord is required exercises its option to repair hereunder. have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall re-enter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned, and Landlord may remove any telephone, dataor all of such items and dispose of the same in any manner permitted by law or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, if Tenant shall not remove fail to pay the cost of storing any such property after it has been stored for a period of ninety (unless requested to by 90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, pursuant in its sole discretion, may deem proper, without notice or to a notice given at demand upon Tenant, for the time payment of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of such charges or the removal of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionssuch property, and installed lighting equipment (whether or not shall apply the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage proceeds of such sale as follows: first, to the Premises cost and expense of such sale, including reasonable attorneys' fees for services rendered; second, to the payment of the cost of or Building caused by charges for storing any such removal. If property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord so electsfrom Tenant under any of the terms hereof; and fourth, such items shall remain upon and be surrendered with the balance, if any, to Tenant.
(d) All fixtures, equipment, Alterations and/or appurtenances attached to or built into the Premises as a part thereofprior to or during the term of the Lease (other than Tenant's personal property and trade fixtures), without disturbance, molestation whether by Landlord or injury, Tenant and without charge, whether at the expiration expense of Landlord or termination Tenant, or of this Lease both, shall be and shall then become the property remain part of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord shall not be removed by Tenant at the place then fixed for notice to Landlord and shall inform Landlord end of the combinations on term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include, but not be limited to all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any locks and safes on the Premisesspecial flooring or ceiling installations.
Appears in 1 contract
Samples: Standard Office Lease (Netzero Inc)
Surrender of Premises. On Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Expiration Date Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or early termination of the Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the sooner termination of this Lease, Premises. Tenant shall peaceably surrender to Landlord the Premises in accordance with the terms of this Section and all alterations and additions thereto broom clean and in good order, repair and condition and repair, broom-clean, excepting only reasonable (except for ordinary wear and tear and fire subject to the rights and other unavoidable casualty which Landlord is required to repair hereunderobligations of the parties upon damage and destruction as set forth in this Lease). Tenant shall remove all personal property and trade fixtures prior to the expiration of the Term, including any telephonesigns, data, notices and communication cabling and related equipment installed on the Premises displays placed by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlordperform all reasonably necessary restoration, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereofincluding, without disturbancelimitation, molestation restoration made reasonably necessary by the removal of Tenant's personal property or injury, and without charge, at trade fixtures prior to the expiration or 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 does not remove from the Premises on expiration or termination of the Lease and term as allowed or required by this Lease. Title to any such alterations, utility installations, trade fixtures or personal property that Landlord elects to retain or dispose of on expiration of the Lease term shall then become the property of 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. Tenant shall promptly surrender all keys for the Premises and all key-cards be liable to Landlord at the place then fixed for notice to Landlord Landlord's costs for storing, removing and disposing of any utility installations, trade fixtures or personal property and shall inform indemnify and hold Landlord harmless from the claim of the combinations on any locks and safes on the Premisesthird party to an interest in such utility installations, trade fixtures or personal property.
Appears in 1 contract
Surrender of Premises. On At the Expiration Date expiration of the Term or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable 27 hereof. Normal wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundershall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and communication other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and 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, Tenant shall, prior to the expiration of this Lease, at Tenant’s 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 on by or for the benefit of Tenant in or around the Premises by Tenant. The provisions (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 this Section the Lease authorizing such Cabling to remain in place, in which event the Cabling shall survive be surrendered with the Premises upon the expiration or earlier termination of this Lease. Notwithstanding any other provision hereof, All Alterations except those which Landlord requires Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with in the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all keys for Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and all key-cards (y) suffered by Landlord due to Landlord at the place then fixed for notice lost opportunities to Landlord and shall inform Landlord lease any portion of the combinations on Premises to any locks and safes on the Premisessuch succeeding tenant or prospective tenant.
Appears in 1 contract
Samples: Lease Agreement (Meru Networks Inc)
Surrender of Premises. On (a) At the Expiration Date end of the Term or on the any renewal thereof or other sooner termination of this Lease, Tenant shall will peaceably surrender deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in accordance with the same condition as received, or first installed, subject to the terms of this Section Paragraphs 39 & 21 and in good orderthe rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, condition and repairdamage by fire, broom-cleanearthquake, excepting only reasonable Act of God, ordinary wear and tear and fire and tear, Hazardous Substances (other unavoidable casualty than those for which Tenant is indemnifying Landlord is required pursuant to repair hereunder. Paragraph 39) or the elements alone excepted, Tenant shall remove any telephonemay, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, provided that Tenant repairs any damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed shall be deemed abandoned by Tenant, Tenant and title to the same shall not remove (unless requested thereupon pass to Landlord. Upon request by Landlord, pursuant and unless otherwise agreed to a notice given at the time of the Alteration pursuant to Section 13.1in writing by Landlord, in which case Tenant shall remove, at Tenant’s 's sole cost cost, any or all Alterations to the Premises installed by or at the expense of Tenant and expenseall movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any part of any Alterations involving masonryexisting subleases or subtenancies, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargemay, at the expiration or termination of this Lease and shall then become the property option of Landlord. Tenant shall promptly surrender , operate as an assignment to it of any or all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessuch subleases or subtenancies.
Appears in 1 contract
Samples: Sublease (Cosine Communications Inc)
Surrender of Premises. On (a) In the Expiration Date event Landlord furnishes a request in writing to Tenant within the last six (6) months of the Term of the Lease or on any renewal thereof that Tenant advise Landlord of Tenant's intentions with regard to the sooner vacating of the Premises upon the termination of this Lease, then Tenant shall respond to such request of Landlord within a reasonable time thereafter.
(b) At the end of the Lease Term, Tenant agrees to peaceably surrender deliver up to the Premises Landlord possession of the Premises, in accordance with the terms of this Section and in good ordersame condition as received on the Commencement Date, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire tear, damage by fire, earthquake, and other unavoidable casualty which Landlord is required to repair hereunderacts of God excepted. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to Upon request by Landlord, pursuant unless otherwise agreed to a notice given at the time of the Alteration pursuant to Section 13.1in writing by Landlord, in which case Tenant shall remove, at Tenant’s 's sole cost cost, any or all movable furniture, equipment and expensefixtures, (expressly excluding, computer and telephone cabling and all work to the Premises pursuant to the Work Letter Agreement and all alterations to the Premises allowed by Landlord hereunder), belonging to Tenant and repair any damage resulting from such removal. Any property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Landlord shall have the right to remove and dispose of such abandoned property, and the costs associated therewith shall be promptly reimbursed by Tenant.
(c) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Landlord, terminate all or any part of any Alterations involving masonryexisting subleases or subtenancies, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without chargemay, at the expiration or termination of this Lease and shall then become the property option of Landlord. Tenant shall promptly surrender , operate as an assignment to it of any or all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessuch subleases or subtenancies.
Appears in 1 contract
Samples: Office Lease Agreement (Ultimate Software Group Inc)
Surrender of Premises. On Except for changes resulting from eminent domain proceedings, at the Expiration Date expiration or on the sooner termination of this Leasethe Lease Term, Tenant shall peaceably surrender the Premises in accordance with the terms same condition as the Premises were in upon delivery of possession thereto under this Section and in good orderLease, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable damage due to casualty which Landlord is (to the extent not required to repair hereunder. be repaired or restored by Tenant shall remove any telephone, dataunder this Lease) excepted, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord the payment of rent and shall inform Landlord of the all combinations on any locks locks, safes and safes on vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory, machinery, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a xxxx therefore. If Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Tenn.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Surrender of Premises. On (a) Upon the Expiration Date or on the sooner termination of this LeaseLease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, Tenant shall peaceably quit and surrender possession of the Leased Premises in accordance with the terms of this Section and in good orderto Landlord, condition and repair, broom-broom clean, excepting only reasonable in the same condition as upon delivery of possession to Tenant hereunder, normal wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. excepted; provided, however, Tenant shall deliver to Landlord any and all insurance proceeds Tenant receives for damage to its Tenant’s improvements to the Leased Premises. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove any telephoneall signs, datafurnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or placed in the Leased Premises and all debris and rubbish, and communication cabling and related equipment installed on Tenant shall repair all damage to the Leased Premises by Tenant. The provisions of this Section shall survive termination of resulting from such removal; provided if Tenant is then in default under this Lease. Notwithstanding any other provision hereof, Tenant shall not remove any such item unless Tenant receives written directions from Landlord authorizing or directing the removal thereof. If Tenant fails to remove any of the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, then Landlord may, after written notice to Tenant, at its sole option, (unless requested to by i) treat Tenant as a holdover, in which event the provisions of this Lease regarding holding over shall apply, (ii) deem any or all of such items abandoned and the sole property of Landlord, pursuant or (iii) remove any and all such items and dispose of same in any manner. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such items, including, without limitation, the cost of repairing any damage to a notice given the Leased Premises or the Building caused by such removal and storage charges. (if Landlord elects to store such property).
(b) All installations, additions, partitions, hardware, cables, wires, fixtures and improvements, temporary or permanent (including, but not limited to, Tenant’s Extra Work), except for Tenant’s signs, furnishings, equipment, communication cables, telephone switches, trade fixtures, merchandise and other personal property, in or upon the Leased Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Leased Premises, all without compensation, allowance or credit to Tenant; provided,. however, that if at the time Landlord consents to Tenant’s installation of any installations, additions, partitions, hardware, cables, wires, fixtures and improvements or at any time prior to termination of this Lease, Landlord requires removal of the Alteration pursuant to Section 13.1same upon termination, in which case Tenant shall remove, then Tenant,. at Tenant’s sole cost and expense) all , upon termination of this Lease by lapse of time or any part otherwise or upon the earlier termination of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) right of possession, shall promptly remove such designated items placed in or upon the Leased Premises by Landlord. ‘or on behalf of Tenant shall and, repair any damage to the Leased Premises or the Building caused by such removal. If , failing which Landlord so electsmay remove the same and repair the Leased Premises or the Building, such items shall remain upon and be surrendered with as the Premises as a part thereof, without disturbance, molestation or injurycase maybe, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for pay the Premises and all key-cards actual cost of such removal thereof to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premiseswritten demand.
Appears in 1 contract
Samples: Sublease Agreement (Cumberland Pharmaceuticals Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender all keys for the Premises and exclusive possession of the Premises to Landlord broom clean and in good condition and repair, reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, racks and cabling and related equipment from the lab area of the Premises (to be removed in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire National Electric Code and other unavoidable casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is required pursuant to repair hereunderSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant shall fails to remove any telephone, data, and communication cabling and related equipment installed on by the Premises by Tenant. The provisions of this Section shall survive expiration or sooner termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to Lease all of its personal property and Alterations identified by Landlord, pursuant to a notice given at the time of the Alteration Landlord for removal pursuant to Section 13.113.2, in which case Landlord may, (without liability to Tenant shall removefor loss thereof), at Tenant’s sole cost and expensein 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 part such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of any Alterations involving masonrysuch sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, poured concretestorage and/or sale of such items), hard surface bonded with any remainder to be paid to Tenant. Notwithstanding anything to the contrary in this Section 21.1 or adhesively affixed flooringelsewhere in this Lease, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage not be required to remove the Initial Alterations, the cabling in the walls of the entire Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesother standard cabling.
Appears in 1 contract
Samples: Commercial Lease Agreement (Zhone Technologies Inc)
Surrender of Premises. On No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender deliver to Landlord the Premises in accordance with the terms of this Section and all improvements located therein in good order, condition repair and repaircondition, broom-clean, excepting only reasonable wear and tear (and fire condemnation and other unavoidable casualty Casualty damage not caused by Tenant, as to which Landlord is required to repair hereunder. Tenant Sections 12 and 13 shall remove any telephone, datacontrol) excepted, and communication cabling shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and related equipment installed on 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 the contrary: (a) Tenant shall not be required to remove (i) any of the Work, or (ii) any alterations or additions to which Landlord has given its written consent, unless Landlord's consent to such alterations or additions 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 repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 19 shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 1 contract
Samples: Office Lease (Adesso Healthcare Technology Services Inc)
Surrender of Premises. On No act or thing done by Landlord or any agent or employee of Landlord during the Expiration Date Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord. The delivery of keys to the Premises to Landlord or on any agent or employee of Landlord shall not constitute a surrender of the sooner Premises or effect a termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same keys are Tenant’s Property) designated thereafter retained by Landlord, and notwithstanding such delivery Tenant shall be entitled to the return of such keys at any reasonable time upon request until this Lease shall have been properly terminated. The voluntary or other surrender of this Lease by Tenant, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord shall operate as an assignment to Landlord of all subleases or subtenancies affecting the Premises. Notwithstanding the foregoing, in no event shall Tenant have any obligation to remove the Tenant Improvements made pursuant to the Work Letter attached hereto as Exhibit B; provided, however. Tenant shall be obligated to remove all cabling and wiring, including any cabling and wiring installed as part of the Tenant Improvements made pursuant to the Work Letter attached hereto as Exhibit B, upon the expiration or early termination of the Lease Term, and repair any damage to the Premises or and Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.
Appears in 1 contract
Samples: Office Lease (InterPrivate III Financial Partners Inc.)
Surrender of Premises. On Upon the Expiration Date termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the 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 in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear 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 sooner 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 peaceably surrender the Premises in accordance with the terms of this Section and in good orderremove all tenant signage, condition and repairtrade fixtures, broom-cleanfurniture, excepting only reasonable wear and tear and fire furnishings, personal property, additions, and other unavoidable casualty 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 Landlord is required twenty (20) days prior to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive such termination of this Lease. Notwithstanding any , Landlord shall notify Tenant in writing of those fixtures (other provision hereofthan trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant shall not to remove (unless requested to by Landlord, pursuant to a notice given at from the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by LandlordPremises. Tenant shall repair any damage to caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements. Tenant shall ensure that the removal of such items and the repair of the Premises or Building caused by will be completed prior to such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and Lease. In no event shall then become Tenant be obligated to remove the property of Landlord. initial Tenant shall promptly surrender all keys for the Premises and all key-cards Improvements to Landlord at the place then fixed for notice be constructed pursuant to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesExhibit B attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of the term of this Lease, Tenant including any extension or renewal hereof, Sublessee shall, at its sole cost and expense, remove its personal property, trade fixtures and equipment, and such other movable items Sublessee has installed or placed on the Leased Premises (all of which are hereafter referred to as Sublessee's property) from the Leased Premises within fifteen (15) days after receipt of written direction to do so from Sublessor and repair all damages thereto resulting from such removal, and Sublessee shall peaceably thereupon surrender the Leased Premises in accordance with the terms of this Section same condition as they were on the date Sublessee opened for business, except for permitted alterations and in good order, condition modifications as provided herein and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty (including damage thereto which Landlord Sublessee is not required to repair hereunderrepair) excepted. Tenant In the event Sublessee shall fail to remove any telephoneof Sublessee's property as provided herein, dataSublessor may, but is not obligated to do so, remove all of Sublessee's property and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) repair all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Leased Premises or Building caused by resulting from such removal, and store the same in any public or private warehouse, all at Sublessee's expense. If Landlord so elects, such items Sublessee shall remain upon and be surrendered pay to Sublessor interest at the rate of ten percent (10%) per annum from the date of payment by Sublessor of any costs associated with the Premises as a part thereof, without disturbance, molestation preceding failure. Sublessor shall have no liability to Sublessee for any loss or injury, and without charge, at the expiration damage to Sublessee's property caused or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesresulting from such removal or otherwise.
Appears in 1 contract
Surrender of Premises. On 26.1 Tenant and Landlord shall meet for two (2) joint inspections of the Expiration Date Premises at a time reasonably and mutually acceptable to both Landlord and Tenant, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant’s failure to agree to schedule such joint inspections and/or participate in either such inspection, Landlord’s inspection at or on after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, subject to Section 6.4 above and Exhibit B attached hereto, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal, provided that (i) Tenant shall peaceably surrender not be required to remove any alterations to the Premises (other than wiring and cabling which shall be removed by Tenant on or before the expiration or earlier termination of this Lease) installed by or on behalf of Prior Tenant (as defined in Article 49 below) existing as of the date of this Lease; (ii) Tenant shall not be required to restore the demolition work being performed to the perimeter offices in Suite 200 as part of the Initial Alterations to the extent the same is shown on the Conceptual Space Plans (defined in Exhibit B attached hereto); and (iii) Tenant shall restore Suite 100 to a Class A office building condition, ordinary wear and tear excepted (using Building standing materials) and in the configuration shown on the space plan attached as Exhibit J hereto. In addition, notwithstanding anything to the contrary contained in this Section 26.2, Tenant acknowledges and agrees that all improvements that are non-standard office improvements (it being agreed that improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting shall be considered standard office improvements), including, without limitation, the Supplemental Unit (as defined in Article 48 below), any alterations or additions to the ventilation system located in the Premises, and any distributed power must be removed in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on 26.2 upon the Premises by Tenant. The provisions of this Section shall survive expiration or earlier termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removemust, at Tenant’s sole cost cost, remove upon termination of this Lease, any and expense) all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any part of raised floor or above any Alterations involving masonryceiling (collectively, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant and installed lighting equipment (whether or not title to the same are Tenant’s Property) designated shall thereupon pass to Landlord under this Lease as by Landlord. a xxxx of sale, but Tenant shall repair remain responsible for the cost of removal and disposal of such Personalty, as well as any damage to the Premises or Building caused by such removal.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration of earlier termination of the Term shall survive the expiration or earlier termination of the Term. If Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord so electsthe amount, such items shall remain upon as estimated by Landlord, necessary to repair and be surrendered with restore the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of provided in this Lease and shall then and/or to discharge Tenant’s obligation for unpaid amounts due or to become the property of due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall promptly surrender all keys for be credited against the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesamount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease (Ellipse Technologies Inc)
Surrender of Premises. On the Expiration Date last day of the Lease Term or on upon the sooner termination of this Lease, Tenant shall peaceably shall, to the reasonable satisfaction of Landlord, surrender the Premises to Landlord in accordance good condition ("reasonable wear and tear" excepted and defined below) with the terms of this Section all originally painted interior walls washed, or re-painted if marked or damaged and other interior walls cleaned and repaired or replaced, all carpets cleaned and in good ordercondition, condition the air conditioning, ventilating and repairheating equipment inspected, broom-cleanserviced and repaired by a reputable and licensed service firm (unless Landlord has elected to maintain heating and air conditioning systems pursuant to Paragraph 10.1 above), excepting only reasonable wear and tear all floors cleaned and fire and other unavoidable casualty which Landlord is required to repair hereunderwaxed. Tenant shall remove any telephone, dataall of Tenant's personal property and trade fixtures from the Premises, and communication cabling and related equipment installed on the Premises all property not so removed shall be deemed abandoned by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofFurthermore, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) immediately repair all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by any such removal. If the Premises are not so surrendered at Lease Termination, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so electssurrendering the Premises including, such without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. For purposes of this Paragraph 34 the phrase "reasonable wear and tear" means wear which manifest itself solely through the passage of time. For the purpose of this Lease, items which are not deemed "reasonable wear and tear" shall include, but not be limited to, the following items, which items shall remain be Tenant's obligations to repair, maintain, correct, clean or replace upon surrender or Lease termination:
(a) Damage or deterioration that would have been prevented by Tenant performing all its maintenance and be surrendered repair obligations in accordance with this Lease;
(b) Damage to or defacement of portions of any walls, partitions, wall coverings, woodwork, doors, ceilings or any other portion of the Premises as a part thereoffrom any cause (including, without disturbancelimitation, molestation from nails, screws or injuryother attachment devices). All interior walls and partitions are to be repaired and repainted if marked or damaged;
(c) Damage to floors and floor coverings (including stains, marks, soiling and without chargeexcessive wear to carpeting from Tenant's failure to use carpet protectors under desk chairs);
(d) Any disrepair, at the expiration damage or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for non-functioning improvements in the Premises that are capable of being repaired or replaced and all key-cards which is the Tenant's obligation to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on repair, including without limitation any locks and safes systems on the Premises., light fixtures, devices, doors, windows, glass, operable hardware, ceiling panels and grills, interior walls, floor coverings, window coverings, fixtures and appurtenances;
(e) Damage to the Premises from any cause except insured casualty or other elements not directly caused by Tenant or its employees, agents or invitees
Appears in 1 contract
Samples: Net Lease Agreement (Silicon Storage Technology Inc)
Surrender of Premises. On Upon the Expiration Date termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the 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 in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. 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 sooner 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 peaceably surrender the Premises in accordance with the terms of this Section and in good orderremove all tenant signage, condition and repairtrade fixtures, broom-cleanfurniture, excepting only reasonable wear and tear and fire furnishings, personal property, additions, and other unavoidable casualty 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 Landlord is required one hundred eighty (180) days prior to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive such termination of this Lease. Notwithstanding any , Landlord shall notify Tenant in writing of those fixtures (other provision hereofthan trade fixtures), Tenant alterations, additions and other improvements which Landlord shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises.require
Appears in 1 contract
Samples: Lease Agreement (Jabil Circuit Inc)
Surrender of Premises. On the Expiration Date Upon expiration or on the sooner termination of this LeaseLease or termination of Tenant's right of possession of the Premises, Tenant shall peaceably surrender and vacate the Premises immediately and deliver possession thereof to Landlord in accordance with the terms of this Section and in good order, condition and repair, broom-a clean, excepting only reasonable good and leaseable condition, except for (i) damage not caused by the acts of Tenant, its agents, employees, contractors or invitees and (ii) ordinary wear and tear tear. Charges incurred by Landlord for removal of boxes and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on debris left in the Premises by which exceed normal janitorial costs shall be charged to Tenant. The provisions No personal property shall be removed from the Premises unless Tenant has fulfilled all of this Section shall survive termination of its obligations under this Lease. Notwithstanding If there are no amounts owed by Tenant and/or any other provision hereofuncured breach or default then existing by Tenant hereunder, any movable trade fixtures, personal property and all telephone, communication and data lines and cables owned, installed or caused to be installed by Tenant in the Premises or elsewhere shall not remove (unless requested to be removed by LandlordTenant in a good and workmanlike manner provided, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1however, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. that Tenant shall repair any damage to the Premises or Building caused by such removal. 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. If Landlord so electsany alterations or improvements are made by Tenant, such items shall remain with or without Landlord's approval, Tenant will, at its expense and upon and be surrendered with request by Landlord, restore the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesits original condition.
Appears in 1 contract
Samples: Office Building Lease
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner earlier termination of this Lease, Tenant shall peaceably surrender the Premises in accordance with the terms of this Section and to Landlord in good order, condition and repair, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephone, dataexcepted, and communication cabling and related equipment installed on the Premises by free of all occupants. Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s its sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building 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 Property as abandoned property of no value, and authorizes Landlord to remove and dispose of such removalproperty and recover from Tenant all costs and expenses Landlord incurs related to removal of such property or, at Landlord’s sole discretion, retain such property. If Tenant shall indemnify Landlord so electsagainst any Claims resulting from delay by Xxxxxx in surrendering the Premises, including any Claims made by any succeeding tenant resulting from such items delay. Notwithstanding anything to the contrary herein, Tenant shall, prior to the expiration or earlier termination of this Lease, at Tenant’s 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 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 upon and in place, in which event the Cabling shall be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at upon the expiration or earlier termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesLease.
Appears in 1 contract
Samples: Industrial Gross Lease (Gores Metropoulos II, Inc.)
Surrender of Premises. On (a) At the Expiration Date end of the term or on the any renewal thereof or other sooner termination of this Lease, the Tenant shall will peaceably surrender deliver up to the Premises Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in accordance with the terms of this Section and in good ordersame condition as received, condition and repairor first installed, broom-clean, excepting only reasonable ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundertear, damage by fire, earthquake, act of God, or the elements alone excepted. Tenant shall remove any telephonemay, data, and communication cabling and related equipment installed on upon the Premises by Tenant. The provisions of this Section shall survive termination of this Lease, remove all moveable personal property, including but not limited to trade fixtures, furniture and equipment, belonging to Tenant, at Tenant’s sole cost, title to which shall be in the name of Tenant upon such termination, repairing any damage caused by such removal. Notwithstanding any other provision hereofProperty not so removed shall be deemed abandoned by the Tenant, Tenant and title to the same shall not remove (unless requested thereupon pass to Landlord. Upon request by Landlord, pursuant unless otherwise agreed to a notice given at the time of the Alteration pursuant to Section 13.1in writing by Landlord, in which case Tenant shall remove, at Tenant’s sole cost cost, any or all permanent improvements or additions to the Premises installed by or at the expense of Tenant, excluding the original Leasehold Improvements at the Commencement Date of the Lease, and expenseall moveable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the Landlord, terminate all or any part existing subleases or subtenancies, or may at the option of Landlord, operate as an assignment to it of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether all such subleases or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisessubtenancies.
Appears in 1 contract
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner earlier termination of this Leasethe Term, Tenant shall peaceably surrender all keys to the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all of Tenant’s signs wherever located; remove all of Tenant’s personal property; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove) in accordance with the terms broom-clean condition, free of this Section all of Tenant’s personal property and in good order, condition order and repair, broom-clean, excepting only reasonable normal wear and tear and fire damage due to casualty excepted. Any property not so removed shall be deemed abandoned and other unavoidable casualty which may be removed and disposed of by Landlord is required to repair hereunder. in such manner as Landlord shall determine and Tenant shall remove any telephone, data, and communication cabling and related equipment installed on pay to Landlord the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole entire cost and expense) all or expense Landlord incurs in effecting such removal and disposition and in making any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, incidental repairs and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage replacements to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with for use and occupancy during the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at period after the expiration or earlier termination of this Lease and shall then become the property prior to its performance of LandlordTenant’s obligations under this paragraph. Tenant shall promptly surrender indemnify Landlord against all keys for loss, cost, damage and expense resulting from Tenant’s failure and delay in surrendering the Premises and all key-cards to Landlord at as above provided. Notwithstanding the place then fixed for notice to Landlord and foregoing, Tenant shall inform Landlord not be required upon the expiration or earlier termination of the combinations on Term to remove any locks alterations and safes on the Premisesimprovements made as part of Landlord’s Work.
Appears in 1 contract
Surrender of Premises. On (a) Landlord and Tenant hereby acknowledge that on or prior to the Expiration Early Termination Date, Tenant shall vacate and surrender possession of the Premises to Landlord on or before the Early Termination Date (i) vacant, broom clean and free from all occupants, subtenants, including Subtenant, or other persons or entities claiming rights of possession by, through or under Tenant, and anyone claiming by, through or under Tenant, and free of all of Tenant’s Removable Property, all signs installed by or on behalf of Tenant in or on the sooner termination of this LeasePremises and the Building, all lines and other wiring and cabling installed by Tenant shall peaceably surrender prior to or during the Premises Term, and (ii) otherwise in accordance with the terms of this Section and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which Landlord is required the Lease applicable to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time surrender of the Alteration pursuant to Premises, including without limitation, Section 13.112.2, in which case Tenant shall removeSection 5.3(e), at Tenant’s sole cost Section 5.5(a) and expenseSection 5.5(e) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by LandlordLease. Tenant shall repair any damage to the Premises or the Building caused by such removal. If Tenant shall, on or before the Early Termination Date, surrender to Landlord so elects, such items shall remain upon any keys or other property of Landlord in the possession or control of Tenant. The date Tenant actually vacates and be surrendered surrenders the Premises to Landlord in accordance with the terms of this Section 3(a) is referred to as the “Actual Surrender Date”.
(b) Pursuant to Section 5.5(a) of the Lease, Tenant shall deliver to Landlord the Surrender Plan on or before May 1, 2022, setting forth Tenant’s proposed decommissioning plan for the Premises as to be conducted by Tenant prior to the Early Termination Date. Pursuant to Section 5.5(e) of the Lease, Tenant shall perform any and all Tenant Laboratory Operations necessary to surrender the Premises in the condition required under the Lease. Tenant’s Surrender Plan shall be accompanied by a part thereofcurrent list of (i) all Hazardous Materials licenses and permits held by or on behalf of Tenant or any party claiming by, without disturbance, molestation through or injuryunder Tenant relating to the Premises, and without charge(ii) all Hazardous Materials used, at stored, handled, treated, generated, released or disposed of from the expiration or termination of this Lease Premises, and shall then become the property of be subject to Landlord’s environmental consultant’s approval. Tenant shall promptly surrender all keys for deliver to Landlord or its consultant such additional non-proprietary information regarding the Tenant Laboratory Operations as Landlord reasonably requests. Prior to the Early Termination Date, Tenant shall deliver to Landlord evidence that the approved Surrender Plan has been satisfactorily completed and a copy of Tenant’s decommissioning report. Landlord may, at Tenant’s expense, cause its consultant to inspect the Premises and all key-cards perform additional procedures reasonably necessary to confirm the Premises are free from any residual adverse impact from the Tenant Laboratory Operations. Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord for its consultants to approve the Surrender Plan and inspect the Premises. The conditions set forth in this Section 3(b) shall be deemed the “Decommissioning Obligations.”
(c) If Tenant or Subtenant fails to fully vacate and surrender the Premises to Landlord at in the place then fixed for notice condition required pursuant to Landlord Section 3(a) and shall inform Landlord Section 3(b) above of this Agreement, including without limitation, the completion of the combinations Decommissioning Obligations to Landlord’s satisfaction, by the Early Termination Date, then such failure shall constitute a holding over without Landlord’s consent in the Premises, and the terms and provisions of Section 12.1 of the Lease therefore shall be applicable, and Tenant shall pay such use and occupancy charges set forth in Section 12.1 of the Lease measured from the day on any locks which Tenant’s hold-over commences and safes terminating on the PremisesActual Surrender Date.
Appears in 1 contract
Samples: Lease Termination Agreement (Yumanity Therapeutics, Inc.)
Surrender of Premises. On (a) At the Expiration Date or on the sooner termination of this Lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this Lease, Tenant shall peaceably surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord and make known to Landlord the combination of all locks of vaults then remaining in accordance with the terms Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of this Section Landlord therein to Landlord in as good condition as when Tenant originally took possession, ordinary wear, loss or damage by fire or other insured casualty, and in good orderdamage resulting from the act of Landlord or any of its respective employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and repairTenant shall pay the cost thereof to Landlord on demand.
(b) All installations, broomadditions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-cleantrade fixtures and improvements, excepting only reasonable wear and tear and fire except movable furniture, equipment, and other unavoidable casualty which Landlord is required personal property and trade fixtures belonging to repair hereunder. Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, shall remove any telephone, data, be Landlord's property and communication cabling and related equipment installed on shall remain upon the Premises by Tenant. The provisions upon expiration of this Section shall survive the Term or sooner termination of this Lease. Notwithstanding any other provision hereofLease or Tenant's possession hereunder, Tenant shall not remove all without compensation, allowance or credit to Tenant; provided, however, that if prior to such expiration or termination or within ten (unless requested to 10) days thereafter Landlord so directs by Landlordwritten notice, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removeTenant, at Tenant’s 's sole cost and expense) all or any part , shall promptly remove such of any Alterations involving masonrythe installations, poured concreteadditions, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and installed lighting equipment (whether or not improvements placed in the same Premises by Tenant as are Tenant’s Property) designated by Landlord. Tenant shall in such notice and repair any damage to the Premises or Building caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord on written demand. If Landlord so electsAll movable furniture, such items equipment, trade fixtures and personal property shall remain upon and the property of Tenant and, provided no continuing event of default exists hereunder with respect to Tenant's obligations, may be surrendered with removed from the Premises as at any time without Landlord's consent. Notwithstanding the foregoing, Tenant shall not remove, or be required to remove, any improvements shown in the Plans, except for those items specified in Exhibit F attached hereto and made a part thereofhereof, without disturbance, molestation or injury, and without charge, at which Tenant shall be entitled to remove upon the expiration or sooner termination of the Term so long as Tenant complies with the other terms and provisions of this Section 9(b), and except as provided in Section 35(j) below. In addition, in the event that Tenant makes additional improvements to the Premises beyond those contemplated by the Plans, Landlord shall not unreasonably withhold its consent to Tenant's request that Tenant not be required to remove such improvements upon expiration or sooner termination of the Term provided that such additional improvements are comparable in utility and quality to those specified in the Plans.
(c) Tenant shall leave in place any floor covering. Tenant shall remove Tenant's furniture, machinery, safes, trade fixtures and other items of personal property of every kind and description from the Premises and repair any damage to the Premises caused thereby, such removal and restoration to be performed prior to the expiration of the Term or no later than ten (10) days following the earlier termination of this Lease or Tenant's right of pos session, whichever might be earlier (and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for upon prior written notice to Landlord, in the event such removal occurs after termination of this Lease or Tenant's right to possession), failing which Landlord may do so and thereupon the provisions of Section 18(f) shall inform Landlord apply.
(d) All obligations of Tenant under this Section 9 shall survive the expiration of the combinations on any locks and safes on the PremisesTerm or sooner termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Excal Enterprises Inc)
Surrender of Premises. On the Expiration Date or on the sooner termination of this LeaseDate, Tenant shall peaceably quit and surrender the Demised Premises in accordance with the terms of this Section broom clean, and in good order, condition and repair, broom-cleantogether with all alterations, excepting only reasonable wear fixtures, installations, additions and tear improvements which may have been made in or attached on or to the Demised Premises, including but not limited to an aggregate of at least nine (9) lifts, electric or hydraulic but exclusive of any furniture and fire and equipment, other unavoidable casualty than lifts, which Landlord is required replaced damaged or obsolete items (except if such items were damaged due to repair hereunder. the gross negligence or intentional acts of Tenant.) Landlord, at its option, may require Tenant shall remove any telephone, data, and communication cabling and related equipment installed to restore the Demised Premises to the condition the Demised Premises was in on the Commencement Date in accordance with Section 6.03(b). Any personal property of Tenant which shall remain in or on the Demised Premises after the termination of the Lease and the removal of Tenant from the Demised Premises, may, at the option of Landlord and without notice, be deemed to have been abandoned by Tenant and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord shall give written notice to Tenant to such effect, such property shall be removed by Tenant, at Tenant's cost and expense; and Landlord shall not be responsible for any loss or damage occurring to any such property owned by Tenant. The provisions of Tenant's obligation under this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesExpiration Date.
Appears in 1 contract
Surrender of Premises. On Upon the Expiration Date termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the 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 in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. 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 sooner 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 peaceably surrender remove any items that are part of the Premises in accordance with Tenant Improvements of which Landlord has notified Tenant, at the terms time of this Section and in good orderTenant's installation of the Tenant Improvements, condition and repairthat Landlord will require be removed by Tenant (the "Removed TI's"), broom-cleanall tenant signage, excepting only reasonable wear and tear and fire trade fixtures, furniture, furnishings, personal property, additions, and other unavoidable casualty 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 Landlord is required twenty (20) days prior to repair hereunder. Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive such termination of this Lease. Notwithstanding any , Landlord shall notify Tenant in writing of those fixtures (other provision hereofthan trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant shall not to remove (unless requested to by Landlord, pursuant to a notice given at from the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by LandlordPremises. 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 removed from the Premises or Building caused by such removalTenant hereunder. If Landlord fails to so elects, notify Tenant at least twenty (20) days prior to such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and shall then become other improvements (other than the property Tenant Improvements) installed in or about the Premises by, or on behalf of LandlordTenant. Tenant shall promptly surrender all keys for ensure that the removal of such items and the repair of the Premises and all key-cards will be completed prior to Landlord at the place then fixed for notice to Landlord and shall inform Landlord such termination of the combinations on any locks and safes on the Premisesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Pri Automation Inc)
Surrender of Premises. On No act or thing done by Landlord or any agent or employee of Landlord during the Expiration Date Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord. The delivery of keys to the Premises to Landlord or on any agent or employee of Landlord shall not constitute a surrender of the sooner Premises or effect a termination of this Lease, whether or not the keys are thereafter retained by Landlord, and notwithstanding such delivery Tenant shall peaceably be entitled to the return of such keys at any reasonable time upon request until this Lease shall have been properly terminated. The voluntary or other surrender the Premises in accordance with the terms of this Section Lease by Tenant, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and in good order, condition and repair, broom-clean, excepting only reasonable wear and tear and fire and other unavoidable casualty which at the option of Landlord is required shall operate as an assignment to repair hereunderLandlord of all subleases or subtenancies affecting the Premises. Tenant shall remove any telephonethose items of furniture, datafurnishings, business machines and communication cabling equipment, communications equipment and related equipment other articles of personal property owned by Tenant or installed on or placed by Tenant at its expense in the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof(collectively, “Personal Property”) and Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given Personal Property at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice times reasonably acceptable to Landlord and subject to the availability of freight elevators, provided that Landlord shall inform Landlord insure that adequate hours for the usage of the combinations on any locks and safes on the Premisesfreight elevator are made reasonably available to Tenant.
Appears in 1 contract
Surrender of Premises. On the Expiration Date Upon expiration or on the sooner termination of this LeaseLease or termination of Tenant’s right of possession of the Premises, Tenant shall peaceably surrender and vacate the Premises immediately and deliver possession thereof to Landlord in accordance with the terms of this Section and in good order, condition and repair, broom-a clean, excepting only reasonable good and leaseable condition, except for (i) damage not caused by the acts of Tenant, its agents, employees, contractors or invitees and (ii) ordinary wear and tear tear. Charges incurred by Landlord for removal of boxes and fire debris left in the Premises which exceed normal janitorial costs shall be charged to Tenant. Movable trade fixtures, personal property and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any all telephone, datacommunication and data lines and cables (collectively, and communication cabling and related equipment “Telecommunication Equipment”) owned, installed on or caused to be installed by Tenant in the Premises or elsewhere, shall be removed by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofTenant in a good and workmanlike manner provided, Tenant shall not remove (unless requested to by Landlordhowever, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. that Tenant shall repair any damage to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with ; except in the event the Premises as a part thereofwas delivered to Tenant with existing Telecommunication Equipment, without disturbance, molestation or injury, and without charge, at the Tenant shall not be required to remove any Telecommunication Equipment upon expiration or termination of this Lease 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 then become the property 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 any alterations or improvements are made by Tenant, with or without Landlord. ’s approval, Tenant shall promptly surrender all keys for will, at its expense and upon request by Landlord, restore the Premises and all key-cards to its original condition. Landlord will inform Tenant at the place then fixed for notice time of plan approval whether Landlord will require removal upon Lease expiration or earlier termination of any alterations or improvements that Tenant desires to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premisesinstall.
Appears in 1 contract
Samples: Office Building Lease (GrubHub Inc.)
Surrender of Premises. On the Expiration Date or on the sooner Upon termination of this Lease, Lease by lapse of time or otherwise or upon termination of Tenant’s right to possession:
A. Tenant shall peaceably surrender all keys to the Premises to Landlord and shall make known to Landlord the explanations of all combination and other locks remaining on the Premises.
B. Tenant shall return the Premises and all property, equipment and fixtures of Landlord in accordance with the terms of this Section and in good excellent order, condition and repair, broom-cleansubject to the provisions of subparagraph C of this Section IX and ordinary wear; and if Tenant fails to do so, excepting only reasonable wear Landlord may place the same in such order, condition and tear repair and fire and other unavoidable casualty which Landlord is required to repair hereunder. Tenant shall remove any telephonepay Landlord the cost thereof, dataplus 15% for Landlord’s overhead and administrative expenses.
C. All decorations, furnishings, installations, additions, hardware, non-trade fixtures and equipment, and communication cabling improvements, temporary or permanent, located in or upon the Premises, where placed there by Tenant or Landlord, shall be Landlord’s property and related equipment installed on shall remain upon the Premises, without compensation, allowance or credit to Tenant; provided, however, that if prior to such termination or within ten (10) days thereafter Landlord so directs, Tenant promptly shall remove the furnishings, decorations, installations, additions, hardware, non-trade fixtures and equipment, and improvements which were placed in the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereofTenant and are designated in the notice, and Tenant shall not remove (unless requested to by Landlord, pursuant cap all utility outlets and restore all surfaces to a notice given at smooth uniform condition, and otherwise remove, restore and repair the time of Premises to its original condition. If Tenant fails to do so, Landlord may remove and restore the Alteration pursuant to Section 13.1, in which case same and Tenant shall remove, at pay Landlord the cost thereof.
D. All of Tenant’s sole cost trade fixtures, equipment and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionspersonal property not removed from the Premises prior to such termination shall be conclusively presumed to have been abandoned by Tenant, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant title thereto shall repair any damage pass to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises under this Lease as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination Bxxx of this Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesSale therefor.
Appears in 1 contract
Surrender of Premises. On Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Expiration Date Premises after the Commencement Date, unless specifically stated in Landlord’s consent to such alterations, additions, improvements, or changes, at the expiration or early termination of the Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the sooner termination of this Lease, Premises. Tenant shall peaceably surrender to Landlord the Premises in accordance with the terms of this Section and all alterations and additions thereto broom clean and in good order, repair and condition and repair, broom-clean, excepting only reasonable (except for ordinary wear and tear and fire and other unavoidable casualty which Landlord is required to repair hereundertear). Tenant shall remove all personal property and trade fixtures prior to the expiration of the Term, including any telephonesigns, data, notices and communication cabling and related equipment installed on the Premises displays placed by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by Landlord, pursuant to a notice given at the time removal of the Alteration pursuant to Section 13.1, in which case Tenant shall remove, at Tenant’s sole cost and expense) all personal property or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage trade fixtures prior to the Premises or Building caused by such removal. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or 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 does not remove from the Premises on expiration or termination of the Lease and term as allowed or required by this Lease. Title to any such alterations, utility installations, trade fixtures or personal property that Landlord elects to retain or dispose of on expiration of the Lease term shall then become the property of 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. Tenant shall promptly surrender all keys for the Premises and all key-cards be liable to Landlord at the place then fixed for notice to Landlord Landlord’s costs for storing, removing and disposing of any alterations, utility installations, trade fixtures or personal property and shall inform indemnify and hold Landlord harmless from the claim of the combinations on any locks and safes on the Premises.third party to an interest in such alterations, utility installations, trade fixtures or personal property. Landlord’s Initials Tenant’s Initials
Appears in 1 contract
Samples: Multi Purpose Commercial Building Lease (Inogen Inc)
Surrender of Premises. On Upon the Expiration Date expiration of the Lease Term, or on the sooner upon any earlier termination of this Lease, Tenant shall peaceably quit and surrender possession of the Premises to Landlord in accordance with as good order and condition as the terms of this Section same are now and in good orderhereafter may be improved by Landlord or Tenant, condition and repair, broom-clean, excepting only reasonable wear and tear and fire repairs which are Landlord’s obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment (including, without limitation, any and all computer, network, telecommunications and/or other unavoidable casualty which Landlord systems or equipment installed in or about the Premises by or on behalf of Tenant prior to or during the term of this Lease, and any and all wiring and/or cabling related thereto (irrespective of whether such wiring and cabling is required to repair hereunder. installed or located in the Premises and/or any electrical rooms, pathways, shafts, risers, conduits or plenums located within the Building and/or appurtenant thereto, it being the intent of the parties that Tenant shall remove any telephone, data, and communication cabling and related equipment installed on the Premises by Tenant. The provisions of this Section shall survive termination of this Lease. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time of the Alteration pursuant to Section 13.1, in which case Tenant shall removesame, at Tenant’s sole cost and expense)), business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant and/or installed or placed in the Premises by or on behalf of Tenant, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises and/or Building resulting from the installation and removal of such items to be removed and restore such areas to the condition that existed prior to the installation thereof in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration. In addition, prior to Lease Termination, Tenant shall, at its sole cost, take all actions necessary to close out any Hazardous Material permit(s) issued to Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under, by or through Tenant) and obtain environmental closure from the applicable governmental authority with respect to the use of Hazardous Materials on or in the Premises by Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under by or through Tenant). If the Premises are not so surrendered at Lease Termination, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. Any personal property of Tenant not removed by Tenant upon the expiration of the Lease Term (or within five (5) business days after a termination by reason of Tenant’s default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice or to demand upon Tenant, for the payment of all or any part of such charges or the removal of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitionssuch property, and installed lighting equipment (whether or not shall apply the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage proceeds of such sale: first, to the Premises cost and expense of such sale, including reasonable attorneys’ fees for services rendered; second, to the payment of the cost of or Building caused by charges for storing any such removalproperty; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant. If Landlord so elects, such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination The provisions of this Paragraph 35 shall survive Lease and shall then become the property of Landlord. Tenant shall promptly surrender all keys for the Premises and all key-cards to Landlord at the place then fixed for notice to Landlord and shall inform Landlord of the combinations on any locks and safes on the PremisesTermination.
Appears in 1 contract
Samples: Net Lease Agreement (Calix, Inc)
Surrender of Premises. On Upon the Expiration Date expiration or on the sooner termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord in accordance with the terms of this Section and in good orderits original condition, condition and repair, broom-clean, excepting only except for reasonable wear and tear and fire and other unavoidable damage from casualty which Landlord is required or condemnation; provided, however, that prior to repair hereunder. the expiration or termination of this Lease Tenant shall remove any telephone, data, and communication cabling and related equipment installed on from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Tenant. The Landlord to remove under the provisions of this Section shall survive termination of this Lease. Notwithstanding Tenant shall also be responsible for removal of all telephone cables and wires, CRT, data and telephone equipment, and any other provision hereof, Tenant shall not remove (unless requested to by Landlord, pursuant to a notice given at the time form of the Alteration pursuant to Section 13.1, cabling that exists in which case Tenant shall remove, at Tenant’s sole cost and expense) all or any part of any Alterations involving masonry, poured concrete, hard surface bonded or adhesively affixed flooring, plumbing, switches, transformers, floor covering, wall covering, ceiling material, fixed partitions, and installed lighting equipment (whether or not the same are Tenant’s Property) designated by Landlord. Tenant shall repair any damage to the Premises or Building caused by such removal's space. If Landlord so elects, any of such items shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, removal is not completed at the expiration or termination of this Lease and Lease, Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall then become the property of Landlord. be repaired promptly by Tenant or, if Tenant fails to do so, Landlord may do so at Tenant's expense, in which event Tenant shall promptly immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant's obligations under this Paragraph shall survive the expiration or termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys for to the Premises or any other part of the Building and all key-cards shall make known to Landlord at the place then fixed for notice to Landlord combination of locks on all safes, cabinets and shall inform Landlord of the combinations on any locks and safes on vaults that may be located in the Premises.
Appears in 1 contract
Samples: Sublease Agreement (Zapme Corp)