Common use of Surrender of Property Clause in Contracts

Surrender of Property. On expiration of this Agreement, Lessee shall remove any trade fixtures, alterations, or improvements Lessor elects to have Lessee remove, and all its personal property by the date of such termination of the term, and shall perform restoration made necessary by removal of any trade fixtures, alterations, improvements or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause damage to the building, Lessee shall be obligated to make such repairs to the building and the Property at its sole cost and expense as required to restore it to the condition prior to the installation of said fixtures with the exception of the Second Floor , and any wall partitions. If the termination is not the expiration of the term and is termination due to through lessee default and/or breech, all trade fixtures, improvements, and alterations may be required to stay, at the sole discretion of the Lessor Lessor may elect to retain or dispose of in any manner any trade fixtures, alterations or Lessee’s personal property that Lessee does not remove from the Property on expiration or termination of the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixtures, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraph, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; including, without limitation, claims made by a succeeding third party lessee resulting from Lessee’s failure to surrender the Property.

Surrender of Property. On At the expiration of this Agreement, Lessee shall remove any trade fixtures, alterations, or improvements Lessor elects to have Lessee remove, and all its personal property by the date of such termination of the termtenancy hereby created, Xxxxxx shall surrender the leased Property in the same condition as the leased Property was in upon delivery of possession thereto under this Lease with any additions thereto as provided in this Lease, reasonable wear and tear excepted, and shall perform restoration made necessary by removal surrender all keys for the leased Property to the Landlord at the place designated for payment of rent. Tenant shall thoroughly clean the Property and remove all trash and other debris from the Property which was brought to or accumulated on the Property during Tenant's period of occupancy prior to the expiration or termination of the Lease. Tenant shall remove all of its fixtures and any trade fixtures, alterations, improvements or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause improvements which Landlord requests to be removed, before surrendering the Property as aforesaid, and shall repair any damage to the buildingleased Property caused thereby. Tenant shall remove all of Tenant's property, Lessee shall be obligated to make such repairs to the building and or the Property at its sole cost and expense as required to restore it to of others which he has permitted on the condition Property, prior to the installation expiration or termination of said fixtures with this Lease. Any property not removed upon the exception expiration or termination of the Second Floor Lease shall be considered to be abandoned by Tenant, or those who have left the property on the Property, or those having any interest in the property, and any wall partitions. If the termination is not the expiration Landlord may dispose of the term and is termination due to through lessee default and/or breech, all trade fixtures, improvements, and alterations may be required to stay, at the sole discretion of the Lessor Lessor may elect to retain or dispose of property in any manner it sees fit, or Landlord may claim the property as its own, in either of which events, without liability or obligation to anyone, and with indemnification from Tenant. Any action or non-action taken by Landlord with respect to such property shall not affect, substitute for, or relieve Tenant of any trade fixtures, alterations responsibility or Lessee’s personal property that Lessee does not remove from obligation under this Lease. Tenant's obligation to observe or perform this covenant shall survive the Property on expiration or other termination of the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixtures, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraph, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; including, without limitation, claims made by a succeeding third party lessee resulting from Lessee’s failure to surrender the PropertyLease.

Surrender of Property. On Upon expiration of this Agreement, Lessee shall remove any trade fixtures, alterations, the Term or improvements Lessor elects to have Lessee remove, and all its personal property by the date of such earlier termination of the term, and shall perform restoration made necessary by removal this Master Lease on account of any trade fixtures, alterations, improvements or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause damage to the building, Lessee shall be obligated to make such repairs to the building and the Property at its sole cost and expense as required to restore it to the condition prior to the installation of said fixtures with the exception of the Second Floor , and any wall partitions. If the termination is not default after the expiration of the term Recapture Period, Tenant shall deliver all keys to Landlord and is termination due to through lessee default and/or breechsurrender the Property in good condition, all trade fixturesreasonable wear and tear, improvementscondemnation, and alterations may damage by casualty excepted. All repair, replacement and restoration for which Tenant is responsible shall be required completed to stay, at the sole discretion of latest practical date prior to such surrender. At the Lessor Lessor may elect to retain or dispose of in any manner any trade fixtures, alterations or Lessee’s personal property that Lessee does not remove from the Property on expiration or termination of this Master Lease or any portion thereof, the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period Tenant shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixturespeaceably leave, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing quit and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraphportion thereof so terminated. Upon such termination, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; includingor portion thereof so terminated, without limitationshall become the sole property of the Landlord at no cost to the Landlord and shall be free of all liens and encumbrances and in the condition required by the terms of this Lease, claims made and, in the event of a casualty, shall be subject to the provisions of Article 8 hereof. The Tenant shall execute and deliver from time to time, promptly after written request by the Lender, any instrument, agreement or document and shall take such other action as may be necessary or desirable in the reasonable opinion of Lender to effectuate the purposes of this section. If Tenant does not vacate the Property at the time required, Landlord shall have the option to treat Tenant as a succeeding third party lessee resulting tenant from Lessee’s month to month, subject to all of the provisions of this Lease (except that the term will be month to month and the Monthly Base Rent will be 125 percent of the amount of Monthly Base Rent then being paid by Tenant), or to eject Tenant from the Property and recover damages caused by wrongful holdover. Failure of Tenant to remove furniture or furnishings which Tenant is required to remove under this Lease shall constitute a failure to surrender vacate to which this Section shall apply if such property not removed substantially interferes with occupancy of the PropertyProperty by another tenant or with occupancy by Landlord for any purpose including preparation for a new tenant.

Surrender of Property. On At the expiration of this Agreement, Lessee shall remove any trade fixtures, alterations, or improvements Lessor elects to have Lessee remove, and all its personal property by the date of such termination of the termtenancy hereby created, Tenant shall surrender the leased Property in the same condition as the leased Property was in upon delivery of possession thereto under this Lease with any additions thereto as provided in this Lease, reasonable wear and tear excepted, and shall perform restoration made necessary by removal surrender all keys for the leased Property to the Landlord at the place designated for payment of rent. Tenant shall thoroughly clean the Property and remove all trash and other debris from the Property which was brought to or accumulated on the Property during Tenant's period of occupancy prior to the expiration or termination of the Lease. Tenant shall remove all of its fixtures and any trade fixtures, alterations, improvements or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause improvements which Landlord requests to be removed, before surrendering the Property as aforesaid, and shall repair any damage to the buildingleased Property caused thereby. Tenant shall remove all of Tenant's property, Lessee shall be obligated to make such repairs to the building and or the Property at its sole cost and expense as required to restore it to of others which he has permitted on the condition Property, prior to the installation expiration or termination of said fixtures with this Lease. Any property not removed upon the exception expiration or termination of the Second Floor Lease shall be considered to be abandoned by Tenant, or those who have left the property on the Property, or those having any interest in the property, and any wall partitions. If the termination is not the expiration Landlord may dispose of the term and is termination due to through lessee default and/or breech, all trade fixtures, improvements, and alterations may be required to stay, at the sole discretion of the Lessor Lessor may elect to retain or dispose of property in any manner it sees fit, or Landlord may claim the property as its own, in either of which events, without liability or obligation to anyone, and with indemnification from Tenant. Any action or non-action taken by Landlord with respect to such property shall not affect, substitute for, or relieve Tenant of any trade fixtures, alterations responsibility or Lessee’s personal property that Lessee does not remove from obligation under this Lease. Tenant's obligation to observe or perform this covenant shall survive the Property on expiration or other termination of the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixtures, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraph, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; including, without limitation, claims made by a succeeding third party lessee resulting from Lessee’s failure to surrender the PropertyLease.

Surrender of Property. On Upon expiration of this Agreement, Lessee shall remove any trade fixtures, alterations, the Term or improvements Lessor elects to have Lessee remove, and all its personal property by the date of such earlier termination of the term, and shall perform restoration made necessary by removal this Master Lease on account of any trade fixtures, alterations, improvements or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause damage to the building, Lessee shall be obligated to make such repairs to the building and the Property at its sole cost and expense as required to restore it to the condition prior to the installation of said fixtures with the exception of the Second Floor , and any wall partitions. If the termination is not default after the expiration of the term Recapture Period, Tenant shall deliver all keys to Landlord and is termination due to through lessee default and/or breechsurrender the Property in good condition, all trade fixturesreasonable wear and tear, improvementscondemnation, and alterations may damage by casualty excepted. All repair, replacement and restoration for which Xxxxxx is responsible shall be required completed to stay, at the sole discretion of latest practical date prior to such surrender. At the Lessor Lessor may elect to retain or dispose of in any manner any trade fixtures, alterations or Lessee’s personal property that Lessee does not remove from the Property on expiration or termination of this Master Lease or any portion thereof, the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period Tenant shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixturespeaceably leave, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing quit and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraphportion thereof so terminated. Upon such termination, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; includingor portion thereof so terminated, without limitationshall become the sole property of the Landlord at no cost to the Landlord and shall be free of all liens and encumbrances and in the condition required by the terms of this Lease, claims made and, in the event of a casualty, shall be subject to the provisions of Article 8 hereof. The Tenant shall execute and deliver from time to time, promptly after written request by the Lender, any instrument, agreement or document and shall take such other action as may be necessary or desirable in the reasonable opinion of Lender to effectuate the purposes of this section. If Tenant does not vacate the Property at the time required, Landlord shall have the option to treat Tenant as a succeeding third party lessee resulting tenant from Lessee’s month to month, subject to all of the provisions of this Lease (except that the term will be month to month and the Monthly Base Rent will be 125 percent of the amount of Monthly Base Rent then being paid by Tenant), or to eject Tenant from the Property and recover damages caused by wrongful holdover. Failure of Tenant to remove furniture or furnishings which Tenant is required to remove under this Lease shall constitute a failure to surrender vacate to which this Section shall apply if such property not removed substantially interferes with occupancy of the PropertyProperty by another tenant or with occupancy by Landlord for any purpose including preparation for a new tenant.

Surrender of Property. On expiration Upon the termination of this AgreementLease or upon the termination of Tenant’s right to possession of the Property, Lessee Tenant will surrender and deliver up to Landlord the Property broom-clean, in good repair and condition, ordinary wear and tear excepted, together with all improvements thereon installed by Landlord or Tenant during the Lease Term (except as otherwise provided herein). All furniture, moveable trade fixtures and equipment or other personal property installed by Tenant (“Tenant’s Personalty”) shall remove any trade fixturesbe removed by Tenant at the termination of this Lease provided, alterationshowever, or improvements Lessor elects if termination is due to have Lessee removeLandlord’s election under Section 15, then no such removal may be made without Landlord’s written authorization. LEASE AGREEMENT By and Between BHC Development, L.C., and all its personal property Xxxxxx National Service Corporation If Tenant’s Personalty is not so removed it shall be deemed abandoned by the date 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 termination items. Any such disposition will not be considered a strict foreclosure or other exercise of the term, and shall perform restoration made necessary by removal Landlord’s rights in respect of any trade fixtures, alterations, improvements landlord’s lien or Lessee’s personal propertysecurity interest granted herein or otherwise. If removal of any Lessee’s alterations or fixtures will cause All such removals shall be accomplished by Tenant in a good and workmanlike manner so as not to damage the Property. Tenant shall repair all damage to the building, Lessee shall be obligated to make Property caused by any such repairs removal. Prior to the building and end of the Lease Term or within fifteen (15) days after the termination of Tenant’s right to possession of the Property at its sole cost and expense as required (subject to restore it Landlord’s right to the condition prior to the installation of said fixtures with the exception of the Second Floor enforce Landlord’s lien interests described herein), and any wall partitions. If the termination is not the expiration of the term and is termination due to through lessee default and/or breech, all trade fixtures, improvements, and alterations may be required to stay, at the sole discretion of the Lessor Lessor may elect to retain or dispose of in any manner any trade fixtures, alterations or Lessee’s personal property that Lessee does not Tenant will remove from the Property on expiration or termination all of Tenant’s signs and, upon written request of Landlord, replacements and improvements to the term of this Agreement Property made by giving at least ten (10) days’ notice to Lessee. Title to any such alteration or to Lessee’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period Tenant, and shall vest in Lessor. Lessee waives all claims against Lessor for repair any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixtures, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s cost for storing, removing and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the samecaused thereby. If Lessee Tenant fails to surrender timely perform such removal obligations (or in the Propertyevent that Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided), to Lessor on expiration or termination of then the term as required under this Paragraph, Lessee shall defend Lessor costs and hold Lessor harmless expenses thereof incurred by Landlord may be recovered by Landlord from all damages resulting from Lessee’s failure to surrender the Property, if applicable; including, without limitation, claims made by a succeeding third party lessee resulting from Lessee’s failure to surrender the PropertyTenant.

Surrender of Property. On or before the expiration of this Agreementthe Term, Lessee Tenant shall vacate the Property in broom clean condition and otherwise in the same condition as existed on the Commencement Date, ordinary wear and tear and fire and casualty loss excepted (subject to Paragraph 19), except that any improvements made within and on the Property by Tenant shall remain, in the same condition and repair as when constructed or installed, reasonable wear and tear and fire and casualty loss excepted; provided that (A) if Tenant has made any improvements or alterations within or on the Property without Landlord’s prior written consent (or without other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the expiration of the Term if Landlord gives written notice to Tenant, at least thirty (30) days before the expiration of the Term, directing such removal, (B) if Tenant has made any improvements or alterations within or on the Property with Landlord’s prior written consent (or with other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the expiration of the Term if Landlord notifies Tenant in writing, at the time Landlord consents to such improvements or alterations (or within thirty (30) days after Landlord receives other written notice of such improvements or alterations), that such improvements or alterations must be removed on or before the expiration of the Term, and (C) to the extent that Tenant or Landlord has replaced or otherwise installed a new roof of the Property (including under Paragraph 26 hereof), Tenant shall restore the roofs to the condition immediately following such replacement or installation (ordinary wear and tear excepted). In addition, Tenant shall remove from the Property all of Tenant’s or any of its affiliates’ personal property and trade fixtures (including without limitation any manufacturing and related machines, equipment, parts, trade fixtures, alterationsand inventory) in order that Landlord can repossess the Property on the day this Lease or any extension hereof expires or is sooner terminated. Any removal of Tenant’s or its affiliates’ improvements, Tenant’s or improvements Lessor elects its affiliates’ property and/or trade fixtures as identified herein by Tenant shall be accomplished in a manner which will minimize any damage or injury to have Lessee removethe Property, and all its personal property by the date of any such termination of the term, and shall perform restoration made necessary by removal of any trade fixtures, alterations, improvements damage or Lessee’s personal property. If removal of any Lessee’s alterations or fixtures will cause damage to the building, Lessee injury shall be obligated to make such repairs to the building and the Property repaired by Tenant at its sole cost and expense as required to restore it to within the condition prior to the installation earlier of said fixtures with the exception of the Second Floor , and any wall partitions. If the termination is not (x) thirty (30) days after Tenant vacates or (y) the expiration of the term and is termination due term. Failure to through lessee default and/or breech, all trade fixtures, improvements, and alterations may be required to stay, at the sole discretion of the Lessor Lessor may elect to retain or dispose of in any manner any trade fixtures, alterations or Lessee’s personal property that Lessee does not so remove from the Property on expiration or termination of the term of this Agreement by giving at least ten (10) days’ notice to Lessee. Title to any such alteration items by such deadline shall result in surrender of such property to Landlord and Landlord may liquidate or to Lesseeremove the same at Tenant’s personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such trade fixtures, improvements, alterations or Lessee’s personal property. Lessee shall be liable to Lessor for Lessor’s sole cost for storing, removing and disposing of any alterations or Lessee’s personal property for a period not exceeding two weeks from the date Lessor takes possession of the same. If Lessee fails to surrender the Property, to Lessor on expiration or termination of the term as required under this Paragraph, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Property, if applicable; including, without limitation, claims made by a succeeding third party lessee resulting from Lessee’s failure to surrender the Propertyexpense.