Common use of Surrender of Subleased Premises Clause in Contracts

Surrender of Subleased Premises. Upon the Termination Date, or upon any earlier termination hereof, Subtenant shall quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the Subleased Premises are now or hereafter may be improved by Sublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, leave 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 Prime Landlord, remove or cause to be removed from the Subleased Premises, 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 installed or placed by Subtenant at its expense in the Subleased Premises, 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 Prime Lease has then terminated, and Subtenant shall repair all 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 Subtenant’s signs, and any Alterations designated in writing by Sublandlord or by Prime Landlord (at the time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all at Subtenant’s sole cost and expense. As a matter of clarification, this section shall survive the termination of this Sublease 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: Place Sublease (New Century Financial Corp)

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Surrender of Subleased Premises. Upon the Termination Dateexpiration of the term of ------------------------------- this Sublease, or upon any earlier termination hereofof this Sublease, Subtenant shall quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the Subleased Premises same are now or hereafter may be improved by Sublandlord Landlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s 's obligation excepted, leave 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 Prime LandlordSublandlord, remove or cause to be removed from the Subleased Premises, Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing freestanding cabinet work, movable partitioning and other articles of personal property owned by Subtenant of or installed or placed by Subtenant at its expense in the Subleased Premises, 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 Prime Lease has then terminatedSubtenant, and Subtenant shall repair all damage to the Subleased Premises and the Building Property resulting from such removal. Prior to surrendering Upon the expiration of this Sublease, or if Sublandlord or Landlord re-enters or re-takes possession of the Subleased PremisesPremises prior to the normal expiration of this Sublease, Subtenant Sublandlord or Landlord shall repair any damage caused by have the removal of right, but not the obligation, to remove from the Subleased Premises all personal property located therein belonging to Subtenant’s property, including Subtenant’s signs, and any Alterations designated either party may discard such debris, rubbish and personal property or place such personal property in writing by Sublandlord or by Prime Landlord (at the time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfactionstorage in a public warehouse, all at the expense and risk of Subtenant’s sole cost and expense. As a matter of clarification, this section shall survive the termination of this Sublease 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: Onesoft Corp

Surrender of Subleased Premises. Upon the Termination Date, expiration or upon any earlier termination hereofof this Sublease, 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 possession of the Subleased Premises to Sublandlord in the condition existing as good order of the Commencement Date, ordinary wear and condition as tear, casualties, condemnation, Hazardous Materials (other than those released or omitted by Subtenant in or about the Subleased Premises are now or hereafter may be improved by Sublandlord or Subtenant, reasonable wear and tear Premises) and repairs which are Sublandlordnot Subtenant’s responsibility under this Sublease, excepted. Subtenant will remove any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or Prime Landlord’s obligation exceptedon behalf of Subtenant required to be removed by Overlandlord under the Xxxxxxxxx, leave and Subtenant will fully repair any damage occasioned by the portion removal of the Building Systems same. Notwithstanding the foregoing, Subtenant shall not be required to remove any alterations or improvements located in the Subleased Premises in good operating conditionas 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 extent within Subleased Premises as required hereunder, Sublandlord and Overlandlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the control sole risk of Subtenant, inform Sublandlord to remove and store any of all combinations on locksthe property at Subtenant’s expense, safes or to retain same under Sublandlord’s or Overlandlord’s control or, upon ten (10) days prior written notice to Subtenant (and vaultsSubtenant’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 anySubtenant 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 and shallan amount equal to one hundred fifty percent (150%) of the then current Fixed Rent payable hereunder, without expense to Sublandlord or Prime Landlord, remove or cause to be removed from one hundred fifty percent (150%) of the fair market rental for the Subleased Premises, for the time Tenant remains in possession, plus, in each case all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning Additional Rent and other articles of personal property owned by Subtenant or installed or placed by Subtenant at its expense in the Subleased Premises, 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 Prime Lease has then terminatedsums payable hereunder, and Subtenant shall repair indemnify Sublandlord for all damage to the Subleased Premises and the Building Property loss, cost, damage, expense or injury resulting from such removal. Prior to surrendering the Subleased Premises, Subtenant shall repair any damage caused by the removal of Subtenant’s propertytherefrom, including Subtenant’s signs, and any Alterations designated in writing increased rental or other damages suffered by Sublandlord or by Prime Landlord (at the time as a result of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all at Subtenant’s sole cost and expensesuch holding over. As a matter of clarification, this section shall survive the termination of this Sublease 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 16.1.122587131v.1​ ​

Appears in 1 contract

Samples: Sublease (Albireo Pharma, Inc.)

Surrender of Subleased Premises. Upon the Termination Date, expiration or upon any earlier other termination hereofof the Term, Subtenant shall covenants to quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the Subleased Premises are now or hereafter may be improved by Sublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, leave 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 Prime Landlord, remove or cause to be removed from as the case may be, the Subleased Premises, in the same condition as received ordinary wear and tear, damage by fire or other casualty excepted, and at Subtenant’s expense to shall remove all debris and rubbish, all furniture, equipment, business and of its trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned and all alterations constructed by Subtenant or installed or placed by Subtenant at its expense in the Subleased Premises, 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 abandoned by Subtenant and all similar articles may be retained or disposed of any other persons claiming under Subtenant unless at Subtenant’s expense by Sublandlord or Prime Landlord exercises its option Landlord, as either may desire. In addition to have any subleases or subtenancies assigned to the indemnification obligations set forth in the Prime Lease, Subtenant shall pay Sublandlord or to Prime Landlord if holdover rent and charges in the amount set forth in Section 8.05 of the Prime Lease has then terminatedfor any period from the Expiration Date through the date Subtenant surrenders the Subleased Premises. For clarification, and if Subtenant holds over beyond the end of the Term hereof, Subtenant shall owe Sublandlord as rent, an amount equal to the full amount Sublandlord is required to pay Prime Landlord for rental of the Subleased Premises under the Prime Lease, without regard to the rental amounts provided for in Section 2 hereof. Subtenant shall repair all any damage to the Subleased Premises caused by Subtenant’s removal of its personal property, furnishings and the Building Property resulting from such removalequipment. Prior to surrendering If the Subleased PremisesPremises are not so surrendered, then Subtenant shall repair any damage caused by the removal of Subtenant’s property, including Subtenant’s signs, and any Alterations designated in writing be liable to Sublandlord for all costs incurred by Sublandlord or by Prime Landlord (in returning the Subleased Premises to the required condition, plus interest thereon at the time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all at Subtenant’s sole cost and expense. As a matter of clarification, this section shall survive the termination of this Sublease 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 16.1Default Rate.

Appears in 1 contract

Samples: Agreement of Sublease (Rosetta Resources Inc.)

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Surrender of Subleased Premises. Upon the Termination Date, expiration or upon any earlier other termination hereofof the Sublease Term, Subtenant shall covenants to quit and surrender possession to Sublandlord or Landlord, as the case may be, the Subleased Premises, and remove all of its furniture, furnishings, personal property, and equipment (but not the Furniture), in order to leave the Subleased Premises to Sublandlord broom clean and in as good order and condition as they were on the Subleased Premises are now or hereafter may be improved by Sublandlord or SubtenantSublease Term Commencement Date, reasonable ordinary wear and tear excepted. Sublandlord agrees that Subtenant shall not be required to remove its computer cabling and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, leave wiring so long as the portion of same is labeled. Any personal property not removed by Subtenant within five (5) business days following notice from Sublandlord that the Building Systems located same was left in the Subleased Premises shall be deemed to have been abandoned by Subtenant and may be retained or disposed of at Subtenant’s expense by Sublandlord or Landlord, as either may desire. Subtenant’s obligation to perform and observe this covenant shall survive the expiration or other termination of the Sublease Term. If Subtenant remains in good operating condition, to the extent within the control possession of Subtenant, inform Sublandlord of all combinations on locks, safes and vaults, if any, in the Subleased Premises and shall, without expense to Sublandlord after the Sublease Term Expiration Date or Prime Landlord, remove or cause to be removed from the Subleased Premises, 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 installed or placed by Subtenant at its expense in the Subleased Premises, 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 Prime Lease has then terminated, and Subtenant shall repair all 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 Subtenant’s signs, and any Alterations designated in writing by Sublandlord or by Prime Landlord (at the time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all at Subtenant’s sole cost and expense. As a matter of clarification, this section shall survive the earlier termination of this Sublease, without Sublandlord’s express prior written consent, then Subtenant will be subject to the Holding Over provisions of the Lease (Section 8), except that the Monthly Base Rent shall be 150% of the Monthly Base Rent set forth herein for the last month of the Sublease and a breach Term for the duration 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 16.1holdover period.

Appears in 1 contract

Samples: Sublease (Maxcyte, Inc.)

Surrender of Subleased Premises. Upon the Termination Date, expiration or upon any earlier termination hereofof this Sublease, Subtenant shall quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the Subleased Premises are now or hereafter may be improved by Sublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, leave 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 Prime Landlord, remove or cause to be removed from the Subleased Premises, 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 installed or placed by Subtenant at its expense in the Subleased Premises, 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 Prime Lease has then terminated, and Subtenant shall repair all 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 Subtenant’s signs, and any Alterations designated in writing by Sublandlord or by Prime Landlord (at the time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all 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 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. As a matter 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 clarificationSubtenant and Subtenant will fully repair any damage, this section 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 survive be solely responsible therefor. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, 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 to sell at public or private sale, without notice any or all of the Subtenant’s property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Without limiting the foregoing or any other provisions herein, if Subtenant fails to surrender the Subleased Premises to Sublandlord upon early termination 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 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 second month and Subtenant shall indemnify Sublandlord for all loss, 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 breach result 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 16.1such holding over by Subtenant.

Appears in 1 contract

Samples: Sublease (OvaScience, Inc.)

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