Common use of Surrender of Subleased Premises Clause in Contracts

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 3 contracts

Samples: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)

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Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises any alterations made by or for the benefit of Subtenant, including all improvements except if Master Landlord has permitted (whether in a Removal Waiver, or pursuant to the Master Lease) such alterations to remain at the Subleased Premises at the end of the Sublease Term. Subtenant shall also remove Subtenant’s personal property and fixtures therein except those the FF&E listed on Exhibit E (as more specifically provided in Exhibit 7Section 3(b) herein). Subtenant shall repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed . If Subtenant fails to remove its personal property or any removable improvements made by Sublessee at its sole expense that can items required to be removed without damage to any buildingsby Subtenant hereunder on or before the Sublease Expiration Date or earlier termination of this Sublease, facilities or other improvements to the Subleased Premises. The Subleased PremisesSublandlord, including the improvements at Subtenant’s sole cost and fixtures thereinexpense, shall be delivered free entitled (but not obligated) to remove, store and/or dispose of such items, and clear Sublandlord shall not be responsible for the value, preservation or safekeeping of all subtenanciesSubtenant’s property. Upon 30 days’ prior written notice from Sublandlord to Subtenant, liens which notice shall include with specificity the removal and encumbrancesrestoration actions to be taken by Sublandlord and the estimated work schedule, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee Subtenant shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and permit Sublandlord access to the Subleased Premises including said improvements on such dates and fixtures. On or before at such times during the sixty (60) days prior to the end of the Sublease termTerm as mutually agreed by Sublandlord and Subtenant in order for Sublandlord to remove, Sublessee shall remove all of Sublessee's personal as and other property allowed to be removed hereunderthe extent required under the Master Lease and at Sublandlord’s sole cost and expense, Sublandlord’s satellite dish and related equipment, data and telecommunications cabling and wiring, and any other improvements (“Restorable Improvements”) as applicable and restore or repair any damages caused thereby, and Subtenant will reasonably cooperate with Sublandlord, at no expense to Subtenant, in such removal, provided that Sublandlord agrees not to interfere with or disrupt Subtenant’s operations during such period and provided further that upon any material interference or disruption of Subtenant’s operations, as reasonably determined by Subtenant, Subtenant may issue a notice of interference to Sublandlord, whereupon Sublandlord shall immediately cease its interference and Subtenant may immediately revoke or restrict Sublandlord’s access to the Subleased Premises until Sublandlord and Subtenant, using good faith and best efforts, coordinate mutually acceptable access rights, subject at all times however to Sublandlord’s continuing right of access in the event of an emergency. Notwithstanding the foregoing to the contrary, in the event Subtenant provides to Sublandlord at any time prior to the commencement of the aforementioned sixty (60) day access period, at Subtenant’s sole cost and expense, a Removal Waiver stating that removal of certain Restorable Improvements identified therein will not be required by the Master Landlord, Sublandlord shall not exercise its access rights with respect to such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability identified Restorable Improvements, nor undertake to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaseremove same.

Appears in 2 contracts

Samples: Sublease (ConforMIS Inc), Sublease (ConforMIS Inc)

Surrender of Subleased Premises. 6.1. On Subject to Section 9 of this Sublease, at the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant (excluding any initial tenant improvements to be substantially completed prior the Start Date if approved by Sublandlord in accordance with the terms of this Sublease), including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed in Exhibit 7(c) repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted; provided, together with all alterationshowever, decorationsthat in no event shall Subtenant have any duty to remove, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or earlier termination of this Sublease, any alterations, improvements, trade fixtures or personal property existing in the Subleased Premises on or before the Start Date. If Subtenant fails to remove any Alterations required to be removed hereunder or Subtenant’s personal property within five (5) days after the termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property. Notwithstanding anything to the contrary contained in this Sublease, conditioned upon Master Landlord’s consent to installation, Subtenant shall have no obligation to remove the eight chemical fume hoods it intends to install.

Appears in 2 contracts

Samples: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)

Surrender of Subleased Premises. 6.1. 6.1 On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to Sublessee hereunder or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear and damage by casualty and taking by eminent domain excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed required to remove its personal property or property. Sublessee shall also be required to remove any removable improvements Alterations made by Sublessee at and to restore the Premises to its sole expense that can be removed without damage condition prior to any buildingssuch Alterations, facilities or other improvements provided that, as a condition of granting its consent, Sublessor required Sublessee to the Subleased Premisesremove such Alterations. The Subleased Premises, including the improvements Alterations and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, and if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the reasonable opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements Alterations and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed or required to be removed hereunderhereunder and restore the Premises to its prior condition, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation ’s liabilities under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (FlexEnergy Green Solutions, Inc.), Sublease Agreement (FlexEnergy Green Solutions, Inc.)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before At the end of the Sublease termterm of the Sublease, Sublessee shall remove all of its tangible personal property from the Subleased Premises and shall return the Subleased Premises to Sublessor in the same condition as they were in as of the date of execution of this Sublease, ordinary wear and tear only excepted; provided, however, if the Sublessee at any time obtains the consent in writing of the Lessor and Sublessor to any modifications or improvements of the Subleased Premises proposed by Sublessee, Sublessor and Sublessee may agree that such modifications or improvements may remain as part of the Subleased Premises at the end of the term of the Sublease if and only if the Lessor's consent when granted had expressly authorized in writing such modifications or improvements to remain as part of the Subleased Premises at the end of the term of this Sublease. Sublessee shall have no right to holdover at the Subleased Premises at the end of the term of the Sublease, and, if any such holdover shall occur, Sublessee shall be responsible for any and all damages incurred or sustained by Sublessor and/or the Lessor as a result of such holding over. Any damage caused to the Subleased Premises by the removal of any property of Sublessee therefrom at the end of the term of Sublease or any other time shall be promptly repaired by the Sublessee. The Sublessee shall have the right to continue to occupy the Subleased Premises at the end of the term of the Sublease if, any only if, the Sublessee has obtained such right to occupy the Subleased Premises pursuant to the terms of a written lease by and between Sublessee, as tenant, and Lessor, as landlord, and if Sublessee has complied with all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation obligations under this Article 6 shall survive Sublease as of the expiration or date of termination of this Sublease.

Appears in 1 contract

Samples: Sublease (Innovative Gaming Corp of America)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations that are required to be removed pursuant to Section 8 of this Sublease, including all improvements (b) any other improvements, alterations or fixtures in the Subleased Premises that are required to be removed at the expiration of the term of the Master Lease pursuant to the terms therein, and fixtures therein except those listed in Exhibit 7that were installed by or for Subtenant, whether leased and (c) Subtenant’s personal property, including, without limitation, any property that would be considered “Tenant’s Property” pursuant to or otherwise owned by Sublesseethe terms of the Master Lease, and quit and surrender the Subleased Premises to Sublandlord, broom clean clean, and in as good order, condition and repairrepair as received, reasonable ordinary wear and tear exceptedand repairs that are not Subtenant’s responsibility hereunder excepted and otherwise in accordance with the terms of Section 28 of the Master Lease, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed as incorporated herein. If Subtenant fails to remove its personal property any Alterations, Installations, improvements or fixtures that are required to be removed, or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildingsSubtenant’s personal property, facilities or other improvements to within five (5) days after the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations, Installations, Tenant’s Property, improvements and/or fixtures and/or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property.

Appears in 1 contract

Samples: Sublease (DiCE MOLECULES HOLDINGS, LLC)

Surrender of Subleased Premises. 6.1At the expiration of the Term or earlier termination of the Term, Subtenant shall quit and surrender the Subleased Premises broom clean, in as good condition as it was at the beginning of the Term, reasonable wear and tear, casualty and condemnation excepted, and shall, to the extent not inconsistent with any specific provision of this Sublease, comply with all terms and conditions of the Prime Lease regarding surrender of the Subleased Premises. On Without limiting the generality of the foregoing, Subtenant shall on or before the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor (i) remove all of Subtenant's personal property and repair any damage caused by such removal and (ii) remove all trash and broom sweep the Subleased Premises, including all improvements and fixtures therein except those listed if any personal property of Subtenant shall remain in Exhibit 7the Subleased Premises after the termination of this Sublease, whether leased at the election of Sublandlord, (i) it shall be deemed to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made inabandoned by Subtenant and may be retained by Sublandlord as its own property or (ii) such property may be removed and disposed of by Sublandlord at the expense of Subtenant. Subtenant's obligations under this Section 14 shall survive the expiration of the Term or earlier termination of this Sublease. Notwithstanding the foregoing Section 14, to or on if Subtenant leases the Subleased PremisesPremises from Prime Landlord following the expiration of this Sublease (as contemplated by Section 27 below), except Subtenant shall not be obligated to quit and surrender the Subleased Premises at the expiration of this Sublease but may remain in the Subleased Premises and shall not have any obligation to restore the Subleased Premises at that Sublessee time. Subtenant agrees that Sublandlord shall not be allowed to remove its personal property responsible for restoring or removing any removable improvements or alternations made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and Subtenant to the Subleased Premises including said improvements and fixtures. On or before during the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this SubleaseTerm.

Appears in 1 contract

Samples: Sublease (Southwall Technologies Inc /De/)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this SubleaseSublease or Subtenant’s right of possession, Sublessee Subtenant shall surrender to Sublessor remove all of Subtenant’s personal property from the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear and damage caused by casualty, Sublandlord or Master Landlord, and any repairs or replacements that are the obligation of Sublandlord or Master Landlord, excepted, together with . Subtenant shall repair all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and damages to the Subleased Premises including said improvements and fixturesresulting from such removal. On or before the end If Subtenant fails to remove any of the Sublease term, Sublessee shall remove all of Sublessee's Subtenant’s personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive within five (5) business days after the expiration or earlier termination of this Sublease or Subtenant’s right of possession, then Sublandlord, at Subtenant’s sole cost and expense, shall be entitled to remove Subtenant’s personal property. Subtenant shall pay Sublandlord, upon demand, the actual, reasonable expenses and charges incurred by Sublandlord to remove Subtenant’s property. Alternatively, Sublandlord may deem all or any part of Subtenant’s personal property to be abandoned and title to Subtenant’s personal property shall vest in Sublandlord. Subtenant shall pay Sublandlord, upon demand, the actual, reasonable costs and expenses incurred by Sublandlord in disposing of any such property. Notwithstanding any of the foregoing, except as provided in Paragraph 2(d), upon expiration or earlier termination of this Sublease, the FF&E shall remain at and be surrendered to Sublandlord with the Subleased Premises in the condition required under Section 4(f) of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Trevena Inc)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all buildings and improvements and fixtures therein except those listed in Exhibit 7, on the Subleased Premises whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the buildings and improvements and fixtures thereinthereon, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements building and fixturesimprovements. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6 ----------------

Appears in 1 contract

Samples: Sublease (Aprisma Management Technologies Inc)

Surrender of Subleased Premises. 6.1. On (a) Subtenant shall, without demand therefor and at its own cost and expense, prior to the expiration or sooner termination of this Subleasethe Term, Sublessee shall surrender remove all property belonging to Sublessor Subtenant including but not limited to the Purchased Items and all alterations, additions, or improvements, and fixtures which Subtenant installed in the Subleased Premises, including provided however that Subtenant shall not have any obligation to remove any Subtenant’s Work, Landlord’s Work or Specialty Alterations (unless Subtenant installs a Specialty Alteration and the Prime Landlord requires its removal). Upon such removal, Subtenant shall, at its sole cost and expense, repair all improvements damage to the Subleased Premises caused by such removal, and fixtures therein except those listed restore the Subleased Premises to substantially the same condition it was in Exhibit 7prior to the installation of the property so removed. Any property not so removed shall be deemed to have been abandoned by Subtenant and may be retained or disposed of by the Sublandlord or the Prime Landlord, whether leased as applicable, and Subtenant shall pay the cost of such removal, and restoration of the Subleased Premises immediately, as additional rent, upon receipt from Sublandlord or Prime Landlord of an invoice for such costs. (b) Subtenant agrees to and shall, on the expiration or otherwise owned by Sublesseesooner termination of the Term, promptly quit and surrender possession of the Subleased Premises to Sublandlord without demand therefor broom clean and in good ordercondition, condition and repair, reasonable ordinary wear and tear and damage by the elements, fire, or act of God, or by other cause beyond the reasonable control of Subtenant, excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Delcath Systems, Inc.)

Surrender of Subleased Premises. 6.1At the expiration or earlier termination of the Sublease Term, Subtenant shall quit and surrender the Sublease Premises substantially in the same condition as the Subleased Premises were in on the Sublease Commencement Date, reasonable wear and tear and damage by fire or other casualty or taking excepted. On Without limitation of any of the foregoing, Subtenant shall on or before the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including remove all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its of Subtenant’s personal property or and repair any removable improvements made damage caused by Sublessee at its sole expense that can be removed without damage to such removal. If any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, personal property of Subtenant shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as remain in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before after the end termination of this Sublease, at the Sublease termelection of Sublandlord, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed (i) it shall be deemed to have been abandoned by Sublessee Subtenant and may be utilized retained by Sublandlord as its own property or (ii) such property may be removed and disposed of by Sublessor without any liability Sublandlord at the expense of Subtenant. The rights of Sublandlord shall be in addition to Sublesseethe rights of Prime Landlord under Article 8 of the Prime Lease and Subtenant shall be responsible for all of the obligations of Tenant under such Article 8. Sublessee's Subtenant’s obligation to observe or perform under this Article 6 Section shall survive the expiration or termination of this Sublease. Notwithstanding the foregoing, if Sublandlord is required to remove or restore any portion of the Subleased Premises prior to the surrender of the Subleased Premises to Prime Landlord to ensure compliance with the Prime Lease, Sublandlord, and not Subtenant, shall be solely responsible therefor. Sublandlord shall perform any such removal and restoration on weekends and during non-business hours during the last week of the Sublease Term, provided such work does not interfere with or disturb Subtenant’s use and occupancy of the Subleased Premises. Subject to the foregoing, Subtenant shall provide reasonable access to Sublandlord during such periods to effectuate such removal or restoration.

Appears in 1 contract

Samples: Sublease (Catabasis Pharmaceuticals Inc)

Surrender of Subleased Premises. 6.1. On Upon the expiration or termination of this Subleasethe Term, Sublessee Tenant shall comply with the following terms and conditions: (a) Tenant shall peaceably vacate and surrender the Subleased Premises to Sublessor in good and clean order, condition, and repair, with the exception of any reasonable wear and tear. Tenant shall also surrender the FF&E and all keys for the Subleased Premises to Sublessor, and shall inform Sublessor of all combinations for any locks, safes, or vaults remaining in the Subleased Premises. (b) Tenant shall surrender any Alterations to Sublessor unless otherwise expressly indicated in writing by Sublessor or Landlord when reviewing and approving any Alterations as set forth in Section 8.1 and Section 8.5. If Tenant is required to remove all or any portion of the Alterations, then on or prior to the expiration or termination of the Term, Tenant shall, at Tenant’s sole cost and expense, remove all or any portion of such Alterations as indicated by Sublessor or Landlord and restore the affected portions of the Subleased Premises, including the Leased Premises, the Building, and the Property to a condition substantially similar to the condition that existed prior to the construction of the Alterations. If Tenant fails to remove any such Alterations, or fails to restore the affected portions of the Subleased Premises, the Leased Premises, the Building, and the Property, then Sublessor may elect to perform such work on behalf of Tenant, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to ten percent (10%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor. (c) Tenant shall remove all improvements of Tenant’s personal property, portable partitions, trade fixtures, and fixtures therein except those listed business equipment, and shall repair any damage to the Subleased Premises, the Leased Premises, the Building, and the Property caused by such removal; provided, however, the Parties acknowledge and agree that Tenant shall not be required to remove the FF&E. Any such property that Tenant fails to remove from the Subleased Premises, the Leased Premises, the Building, and the Property on or before the expiration or termination of the Term shall be conclusively deemed to have been abandoned by Tenant, and may either be retained by Sublessor as its property, or removed, placed in Exhibit 7storage, whether leased to sold, or otherwise owned disposed of by SublesseeSublessor, broom clean at Tenant’s sole cost and expense. Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to [***] percent ([***]%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor. In the event Sublessor elects to sell or otherwise dispose of such abandoned property, the proceeds of such sale or other disposition shall belong solely to Sublessor. Furthermore, if Tenant fails to repair any damage to the Subleased Premises, the Leased Premises, the Building, and the Property caused by such removal, then Sublessor may elect to perform such work on behalf of Tenant, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to ten percent (10%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor. Notwithstanding anything to the contrary contained in good orderthis Agreement, condition Tenant shall not be liable for minor damage to the carpet, ceiling, and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that walls of the Subleased Premises and/or Building caused pursuant to Tenant removing any fixtures or materials it may have been made in, be required to remove or on has elected to move from the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premisesextent that Landlord holds Sublessor liable for such damage pursuant to the Lease. (d) Notwithstanding anything to the contrary contained in this Section 14.1, including Tenant shall not remove any plumbing, electrical, or heating and air-conditioning fixtures, machinery, or equipment, all of which shall remain the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion property of Sublessor are necessary or desirable to confirm or perfect Sublessor's rightLandlord, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation as applicable. (e) Tenant’s obligations under this Article 6 Section 14.1 shall survive the expiration or termination of this SubleaseAgreement.

Appears in 1 contract

Samples: Sublease Agreement (NTN Buzztime Inc)

Surrender of Subleased Premises. 6.1Upon the Termination Date or upon earlier expiration of the Sublease as provided herein, Sublessee shall surrender the Subleased Premises in the condition required by Sections 8.1 and 9.5 of the Prime Lease, removing all goods and effects of Sublessee, including trade fixtures, equipment, signage, cabling, wiring and other personal property, as well as any alterations made by Sublessee that Prime Landlord has designated for removal in accordance with the terms of the Prime Lease, but specifically excluding those approved as part of, or in connection with, the Consent, provided, however, Sublessee may surrender the Subleased Premises with cabling and wiring in place, unless required by the Prime Landlord to remove such cabling and wiring installed by Sublessee. On For the sake of clarity, Sublessee shall not be responsible for any wiring, cabling or other installations or alterations (including without limitation supplemental HVAC and other systems) made or installed by Sublessor or otherwise made or installed prior to the Sublease Commencement Date or for any damage occurring prior thereto. Any of Sublessee’s equipment or personal property which shall remain in the Subleased Premises after the expiration or termination of the term of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee conclusively to have been abandoned, and either may be utilized retained by Sublessor as its property or may be disposed of by in such manner as Sublessor without any liability to may see fit, at Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease’s sole cost and expense.

Appears in 1 contract

Samples: Sublease Agreement (Rapport Therapeutics, Inc.)

Surrender of Subleased Premises. 6.1. On Upon the expiration or other termination of this Subleasethe Term, Sublessee shall Subtenant covenants to quit and surrender to Sublessor Sublandlord or Prime Landlord, as the case may be, the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, the same condition and repair, reasonable as received ordinary wear and tear tear, damage by fire or other casualty excepted, together with and at Subtenant’s expense to shall remove all alterationsof its trade fixtures, decorations, additions personal property and improvements that may all alterations constructed by Subtenant in the Subleased Premises which are required to be removed under the terms of this Sublease or the Prime Lease. Any property not so removed shall be deemed to have been made inabandoned by Subtenant and may be retained or disposed of at Subtenant’s expense by Sublandlord or Prime Landlord, as either may desire. In addition to or on the Subleased Premisesindemnification obligations set forth in the Prime Lease, except that Sublessee Subtenant shall be allowed to remove its personal property or pay Sublandlord holdover rent and charges in the amount set forth in Section 8.05 of the Prime Lease for any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to period from the Expiration Date through the date Subtenant surrenders the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than thoseFor clarification, if anySubtenant holds over beyond the end of the Term hereof, permitted hereby or otherwise created or consented Subtenant shall owe Sublandlord as rent, an amount equal to by Sublessorthe full amount Sublandlord is required to pay Prime Landlord for rental of the Subleased Premises under the Prime Lease, and, if requested without regard to do so, Sublessee the rental amounts provided for in Section 2 hereof. Subtenant shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and repair any damage to the Subleased Premises including said improvements caused by Subtenant’s removal of its personal property, furnishings and fixturesequipment. On or before If the end of the Sublease termSubleased Premises are not so surrendered, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed then Subtenant shall be deemed abandoned liable to Sublandlord for all costs incurred by Sublessee and may be utilized or disposed of by Sublessor without any liability Sublandlord in returning the Subleased Premises to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaserequired condition, plus interest thereon at the Default Rate.

Appears in 1 contract

Samples: Sublease Agreement (Rosetta Resources Inc.)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Baycorp Holdings LTD)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Bottomline Technologies Inc /De/)

Surrender of Subleased Premises. 6.1. On the Upon any expiration or termination of this Sublease------------------------------- Sublease or termination of Sublessee's right of possession of the Subleased Premises, or any part thereof, Sublessee shall surrender to Sublessor and vacate the Subleased PremisesPremises immediately and surrender the Subleased Premises to Sublessor, including all improvements the alterations, additions, improvements, equipment, and fixtures therein except those listed in Exhibit 7requested by Sublessor to remain on the Subleased Premises other than Sublessee moveable trade fixtures, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with shall remove all alterations, decorationsadditions, additions improvements and improvements that may have been made in, fixtures not requested by Sublessor to or remain on the Subleased Premises, except that Sublessee Premises and shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without repair all damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixturescaused by such removal prior to the Expiration Date. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such Any property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive from the Subleased Premises upon expiration or termination hereof shall, subject to the rights of this SubleasePrime Landlord under the Prime Lease, be conclusively presumed to have been abandoned by Sublessee, and Sublessor, or Prime Landlord may, at its option, retain, store and/or dispose of such property at Sublessee's expense. All such property shall, at Sublessor's or Prime Landlord's option, be conclusively deemed to have been conveyed to Sublessor by Sublessee as if by xxxx of sale without payment by Sublessor.

Appears in 1 contract

Samples: Sublease (Wam Net Inc)

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Surrender of Subleased Premises. 6.1. On the expiration or Upon an early termination of this Sublease, Sublessee Subtenant shall quit and surrender to Sublessor possession of the Subleased Premises, including all improvements Premises to Sublandlord in as good order and fixtures therein except those listed in Exhibit 7, whether leased to condition as the same are now or otherwise owned hereafter may be improved by Sublessee, broom clean and in good order, condition and repairPrime Landlord or Subtenant, reasonable wear and tear and repairs which are Prime Landlord’s obligation excepted, together with and shall, without expense to Sublandlord, remove or cause to be removed from the Subleased Premises all alterationsdebris and rubbish, decorationsall furniture, additions equipment, business and improvements that may have been made intrade fixtures, to free-standing cabinet work, movable partitioning and other articles of personal property owned by Subtenant or on installed or placed by Subtenant at its expense in the Subleased Premises, except that Sublessee and all similar articles of any other persons claiming under Subtenant, and Subtenant shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without repair all damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixturesresulting from such removal. On If, as a result of a default by Subtenant under this Sublease or before any action taken by the end Prime Landlord pursuant to the Prime Lease, Sublandlord or Prime Landlord re-enters or re-takes possession of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed Subleased Premises prior to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the normal expiration or termination of this Sublease, Sublandlord or Prime Landlord shall have the right, but not the obligation, to remove from the Subleased Premises all personal property located therein belonging to Subtenant, and either party may discard such debris, rubbish and personal property or place such personal property in storage in a public warehouse, all at the reasonable expense and risk of Subtenant.

Appears in 1 contract

Samples: Sublease (K12 Inc)

Surrender of Subleased Premises. 6.1. On 6.1 Subject to the provisions of Sections 6.2 and 6.3, upon the expiration or termination of this Sublease, Sublessee Sublease Redhook shall surrender to Sublessor ADA the Subleased Premises, including all buildings, improvements and fixtures therein except those listed in Exhibit 7, alterations to the real property on the Subleased Premises whether leased to or otherwise owned by SublesseeRedhook, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee Redhook shall be allowed to remove its equipment and other personal property or any removable improvements made by Sublessee Redhook at its sole expense that can be removed without and shall repair or reimburse FDA for the cost of repairs for any damage to the Facility or Subleased Premises resulting from the removal of such property, Redhook shall make any buildings, facilities required reimbursement within thirty (30) days following receipt by Redhook of an invoice from PDA. Redhook shall comply with PDA' s reasonable requirements regarding the appearance of the Subleased Premises after removal of any building improvement or other improvements to the Subleased Premisesproperty. The Subleased Premises, including the any remaining buildings and improvements and fixtures thereinthereon remaining at PDA's request, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by SublessorPDA, and, if requested to do so, Sublessee . Redhook shall execute, acknowledge and deliver to Sublessor PDA such instruments of further assurance as in the opinion of Sublessor PDA are necessary or desirable to confirm or perfect SublessorPDA's right, title and interest in and to the Subleased Premises including said improvements buildings and fixturesimprovements. On or before the end of the Sublease termexpiration or termination of the Sublease, Sublessee Redhook shall remove all of SublesseeRedhook's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee Redhook and may be utilized or disposed of by Sublessor PDA without any liability to SublesseeRedhook. SublesseeRedhook's obligation under this Article 6 shall survive the expiration or termination of this Sublease. 6.2 Redhook shall have the right to remove all buildings and related improvements (e.g., holding tanks) on the Subleased Premises constructed by Redhook at its sole expense. subject to the following conditions: (i) in the event of the expiration of the Term, including any applicable extensions, Redhook shall have provided PDA with written notice, six (6) months prior to the Term expiration date, of Redhook's intent to remove the buildings and related improvements and shall complete the removal on or prior to the Term expiration date; (ii) in the event of a termination by Redhook of the Sublease as a result of a default by PDA, Redhook shall have provided PDA with notice of Redhook's intent to remove the buildings and related improvements within twenty-one (21) days of the date of exercise by Redhook of the right to terminate and shall complete the removal within ninety (90) days following its termination of the Sublease; (iii) in the event of a termination by PDA as a result of a Default (as defined in Section 18.1) by Redhook, PDA provides its consent to the removal of the buildings and related improvements, which consent may be withheld by FDA in its sole discretion; (iv) Redhook returns the surface area upon which all such buildings and related improvements were sited to grade, which obligation shall include, without limitation, the obligation to fill all excavations with appropriate material and in an appropriate manner to provide such area with a level of support at least equal to the level of support provided by soil conditions as of the Term Commencement Date; (v) Redhook leaves the Subleased Premises in a clean and safe condition, free of all debris and hazardous or other materials and complies with the provision of Section 6.3. 6.3 The provisions of Articles 15 and 25 applicable to construction and demolition work, as the case may be, shall apply with equal force to all construction and demolition work undertaken by Redhook under this Article 6. 6.4 Notwithstanding any other provisions of this Sublease, in the event of a termination of this Sublease by PDA as a result of a Default (as defined in Section 18.1) by Redhook, Redhook shall remove any building and related improvements (e.g.,, holding tanks) on the Subleased Premises if PDA directs Redhook to take such action at or before the time of exercise by PDA of its termination rights. The removal shall be completed by Redhook within ninety (90) days following the termination of its rights under the Sublease. All such work shall conform to the provisions of items (iv) and (v) of Subsection 6.2 and Subsection 6.3. Redhook's obligation under this Section 6.4 shall survive the termination of the Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Craft Brew Alliance, Inc.)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee Subtenant shall quit and surrender to Sublessor the Subleased PremisesPremises broom clean, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in substantially as good order, condition and repairas it was at the beginning of the Term, reasonable wear and tear excepted, together and shall, to the extent not inconsistent with any specific provision of this Sublease, comply with all of the terms and conditions of the Prime Lease regarding surrender of the Premises, provided Subtenant shall not be obligated to remove any Sublandlord’s Work or other additions, alterations, decorationsimprovements, additions wiring, or cabling not installed by Subtenant or repair any damage caused by Sublandlord or its agents, contractors, employees, or invitees. Without limitation of any of the foregoing, Subtenant shall on or before the expiration or earlier termination of this Sublease, (a) remove all of Subtenant’s personal property and improvements that may have been repair any damage caused by such removal; (b) at Sublandlord’s request, remove all additions, alterations, and changes made in, to the Subleased Premises by or on behalf of Subtenant (other than Sublandlord’s Work) removal of which is required under the Subleased Premises, except that Sublessee shall be allowed to Prime Lease and repair any damage caused thereby; and (c) remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to all trash and broom sweep the Subleased Premises. The Subleased Premises, including the improvements If Subtenant shall fail to quit and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to surrender the Subleased Premises including said improvements as required, Subtenant shall pay to Sublandlord the greater of (x) any amounts owed by Sublandlord to Prime Landlord as a result of Subtenant’s holding over and fixtures. On or before the end (y) monthly holdover Base Rent equal to 150% of the Sublease termmonthly Base Rent payable in the last month of the Term. In addition, Sublessee Subtenant shall remove all be liable for any liability of Sublessee's Sublandlord to Prime Landlord to the extent arising from such holding over by Subtenant. If any personal and other property allowed to be removed hereunderof Subtenant shall remain in the Subleased Premises after the expiration or earlier termination of this Sublease, and all such property not removed at the election of Sublandlord, it shall be deemed to have been abandoned by Sublessee Subtenant and may be utilized retained by Sublandlord as its own property; or such property may be removed and disposed of by Sublessor without any liability Sublandlord and Subtenant shall be obligated to Sublesseereimburse Sublandlord for all costs incurred for such removal and disposal. Sublessee's Subtenant’s obligation to observe or perform under this Article 6 Section 15 shall survive the expiration or earlier termination of this Sublease.

Appears in 1 contract

Samples: Sublease (Wireless Telecom Group Inc)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all buildings and improvements and fixtures therein except those listed in Exhibit 7, on the Subleased Premises whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the buildings and improvements and fixtures thereinthereon, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements building and fixturesimprovements. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6 ----------------

Appears in 1 contract

Samples: Sublease (Aprisma Management Technologies Inc)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant, including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed (c) repair any damage to the Subleased Premises caused by such removal, and otherwise quit and surrender the Subleased Premises to Sublandlord in Exhibit 7, whether leased to or otherwise owned the condition required by Sublesseethe Master Lease, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear and damage from casualty excepted. If Subtenant fails to remove any Alterations or Subtenant’s personal property within five (5) days after the termination of this Sublease, together with all alterationsSublandlord, decorationsat Subtenant’s sole cost and expense, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed entitled (but not obligated) to remove its such Alterations or remove, store or dispose of Subtenant’s personal property property. Sublandlord shall not be responsible for the value, preservation or any removable improvements made by Sublessee safekeeping of Subtenant’s personal property. Subtenant shall not be required to remove at its sole expense that can be removed without damage to any buildingsthe expiration of the Sublease term or otherwise, facilities alterations or other improvements to the Subleased Premises. The Subleased Premises, including Premises made by or for the improvements and fixtures therein, shall be delivered free and clear account of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby Sublandlord or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance existing as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this SubleaseStart Date.

Appears in 1 contract

Samples: Sublease (Exelixis, Inc.)

Surrender of Subleased Premises. 6.1. On Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant shall remove all Subtenant’s goods and effects from the Subleased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by Subtenant, either inside or outside the Subleased Premises and the Transferred Property) and deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and quit and surrender the Subleased Premises to Sublessor Sublandlord in the condition existing as of the Commencement Date, ordinary wear and tear, casualties, condemnation, Hazardous Materials (other than those released or omitted by Subtenant in or about the Subleased Premises) and repairs not Subtenant’s responsibility under this Sublease, excepted. Subtenant will remove any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Subtenant required to be removed by Overlandlord under the Xxxxxxxxx, and Subtenant will fully repair any damage occasioned by the removal of the same. Notwithstanding the foregoing, Subtenant shall not be required to remove any alterations or improvements located in the Subleased Premises as of the Commencement Date, except for the Transferred Property, which Subtenant shall remove as required under the Xxxxxxxxx. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises as required hereunder, Sublandlord and Overlandlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the sole risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or to retain same under Sublandlord’s or Overlandlord’s control or, upon ten (10) days prior written notice to Subtenant (and Subtenant’s failure to pick up such property within such ten (10) day period), to sell at public or private sale, and to apply the net proceeds of such sale to the payment of any sum due hereunder. Without limiting the foregoing or any other provisions herein, if Subtenant fails to surrender the Subleased Premises to Sublandlord upon early termination or expiration of this Sublease as herein required, Subtenant shall pay to Sublandlord on account of use and occupancy of the Subleased Premises for each month or portion thereof during which Subtenant (or anyone claiming by, through or under Subtenant) holds over in the Subleased Premises an amount equal to one hundred fifty percent (150%) of the then current Fixed Rent payable hereunder, or one hundred fifty percent (150%) of the fair market rental for the Subleased Premises, including for the time Tenant remains in possession, plus, in each case all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal Additional Rent and other property allowed to be removed sums payable hereunder, and Subtenant shall indemnify Sublandlord for all loss, cost, damage, expense or injury resulting therefrom, including and increased rental or other damages suffered by Sublandlord as a result of such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublesseeholding over. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.122587131v.1​ ​

Appears in 1 contract

Samples: Sublease (Albireo Pharma, Inc.)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's ’s obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Pc Connection Inc)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, 18 <PAGE> acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement

Surrender of Subleased Premises. 6.1. On Upon the expiration Termination Date, or upon any earlier termination hereof, Subtenant shall quit and surrender possession of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements Premises to Sublandlord in as good order and fixtures therein except those listed in Exhibit 7, whether leased to condition as the Subleased Premises are now or otherwise owned hereafter may be improved by Sublessee, broom clean and in good order, condition and repairSublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, together with all alterations, decorations, additions and improvements that may have been made inleave the portion of the Building Systems located in the Subleased Premises in good operating condition, to the extent within the control of Subtenant, inform Sublandlord of all combinations on locks, safes and vaults, if any, in the Subleased Premises and shall, without expense to Sublandlord or on Prime Landlord, remove or cause to be removed from the Subleased Premises, except that Sublessee shall be allowed to remove its all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Subtenant or any removable improvements made installed or placed by Sublessee Subtenant at its sole expense that can be removed without damage to any buildings, facilities or other improvements to in the Subleased Premises. The Subleased Premises, including and all similar articles of any other persons claiming under Subtenant unless Sublandlord or Prime Landlord exercises its option to have any subleases or subtenancies assigned to Sublandlord or to Prime Landlord if the improvements Prime Lease has then terminated, and fixtures therein, Subtenant shall be delivered free and clear of repair all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and damage to the Subleased Premises and the Building Property resulting from such removal. Prior to surrendering the Subleased Premises, Subtenant shall repair any damage caused by the removal of Subtenant’s property, including said improvements Subtenant’s signs, and fixtures. On any Alterations designated in writing by Sublandlord or before by Prime Landlord (at the end time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunderfloor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all such property not removed shall be deemed abandoned by Sublessee at Subtenant’s sole cost and may be utilized or disposed expense. As a matter of by Sublessor without any liability to Sublessee. Sublessee's obligation under clarification, this Article 6 section shall survive the expiration or termination of this SubleaseSublease and a breach of this Section 20.2 entitles Sublandlord, after notice and lapse of any applicable cure periods, to all of its remedies hereunder including the indemnity under Section 16.1.

Appears in 1 contract

Samples: Sublease (New Century Financial Corp)

Surrender of Subleased Premises. 6.1. On Subtenant shall at the expiration or other termination of this Sublease, Sublessee shall surrender to Sublessor Sublease remove all Subtenant’s goods and effects from the Subleased Premises. Subtenant shall deliver to Sublandlord the Subleased Premises and all keys, including locks thereto, and other fixtures connected therewith and all improvements alterations and fixtures therein except those listed in Exhibit 7, whether leased additions made to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on upon the Subleased Premises, except those alterations and additions that Sublessee may be required by Landlord or Sublandlord to be removed, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall be allowed have no obligation to remove its personal property any alterations or any removable improvements made by Sublessee at its sole expense that can be removed without damage additions if, with respect to any buildingsgiven alteration or addition, facilities or other improvements Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in the condition required hereunder, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises. The Subleased Premises, including Sublandlord and Landlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the improvements sole risk of Subtenant, to remove and fixtures thereinstore any of the property at Subtenant’s expense, shall be delivered free and clear or to retain same under Sublandlord’s or Landlord’s control or to sell at public or private sale, without notice any or all of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in property not so removed and to apply the Subleased Premises including said improvements and fixtures. On or before net proceeds of such sale to the end payment of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed any sum due hereunder, and all or to destroy such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaseproperty.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

Surrender of Subleased Premises. 6.1. On Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant, at Subtenant’s sole cost and expense, shall remove all Subtenant’s goods and effects from the Subleased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by Subtenant, either inside or outside the Subleased Premises) and deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises and quit and surrender the Subleased Premises to Sublessor Sublandlord in the condition required for surrender of the Premises on the expiration date of the Xxxxxxxxx, including, without limitation, perform any required decommissioning of laboratories that are activated by or on behalf of Subtenant and performing any work to close out applicable licenses with government authorities issued to Subtenant for such laboratory space. If and to the extent properly required by Overlandlord in accordance with the Xxxxxxxxx, Subtenant will remove any and all Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Subtenant and Subtenant will fully repair any damage, including any structural damage, occasioned by the removal of the same. Subtenant will have no obligation or liability with respect to removal of any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Sublandlord, it being agreed that Sublandlord shall be solely responsible therefor. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, including all improvements Sublandlord and fixtures therein except those listed in Exhibit 7Overlandlord are hereby authorized, whether leased without liability to Subtenant for loss or otherwise owned by Sublesseedamage thereto, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made inat the sole risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or on to retain same under Sublandlord’s or Overlandlord’s control or to sell at public or private sale, without notice any or all of the Subleased PremisesSubtenant’s property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, except that Sublessee shall be allowed or to remove its personal property destroy such property. Without limiting the foregoing or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than thoseprovisions herein, if any, permitted hereby or otherwise created or consented Subtenant fails to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to surrender the Subleased Premises including said improvements to Sublandlord upon early termination of this Sublease as herein required, Subtenant shall pay to Sublandlord on account of use and fixtures. On occupancy of the Subleased Premises for each month or before portion thereof during which Subtenant (or anyone claiming by, through or under Subtenant) holds over in the Subleased Premises an amount equal to one hundred fifty percent (150%) of the aggregate rental (Fixed Rent and any additional rent payable hereunder) payable hereunder for the first and second month of such holdover and two hundred percent (200%) of the aggregate rental (Fixed Rent and any additional rent payable hereunder) after the end of the Sublease termsecond month and Subtenant shall indemnify Sublandlord for all loss, Sublessee shall remove all cost, damage, expense or injury resulting therefrom which Sublandlord incurs under the Xxxxxxxxx, including any increased rental or other damages paid by Sublandlord under the Xxxxxxxxx as a result of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned holding over by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this SubleaseSubtenant.

Appears in 1 contract

Samples: Sublease (OvaScience, Inc.)

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