Surrender of Subleased Premises. (a) Upon the expiration or other termination of the term, Subtenant shall (i) quit and surrender to Sublessor the Subleased Premises, broom clean, in good order and condition, ordinary wear and tear and damage by casualty excepted, and (ii) remove all of its property as herein provided, and all Improvements installed on or after the date hereof by, or on behalf of, Subtenant which, pursuant to the terms of the Prime Lease Sublessor and/or Subtenant are required to remove. Subtenant’s obligation to observe or perform this covenant shall survive the termination of this Sublease. (b) If Subtenant shall fail to duly and timely surrender the Subleased Premises in accordance with the terms and conditions of this Sublease and the Prime Lease, either at the expiration of the term of this Sublease, upon the occurrence of a default which continues beyond the expiration of applicable grace or cure periods, or upon the occurrence of any other event causing the termination of this Sublease (a “Holdover”), Sublessor shall be responsible for any holdover penalties resulting under the Prime Lease from Subtenant’s failure to duly and timely surrender the Subleased Premises. If the Subleased Premises are not surrendered upon termination, then Subtenant shall indemnify and hold harmless Sublessor against any loss, costs, liability or expenses (including attorneys fees) resulting from the failure to surrender, including any and all claims made by Prime Landlord or any succeeding lessee or sublessee founded upon such delay or failure to vacate the Subleased Premises. Nothing contained in this subsection (b) shall be deemed to give to Subtenant any right to fail to surrender possession or to hold over.
Appears in 2 contracts
Samples: Sublease (National Financial Partners Corp), Sublease (Kbw, Inc.)
Surrender of Subleased Premises. (a) Upon the termination or expiration or other termination of the termthis Sublease for any reason whatsoever, Subtenant shall peaceably quit, deliver up and surrender the Subleased Premises to Sublessor (i) quit free of all claims and surrender to Sublessor encumbrances and (ii) in good order, repair and condition and in the same condition as the Subleased Premises, broom clean, in good order and conditionPremises will be on the Commencement Date, ordinary wear and tear excepted. Upon such termination or expiration, Sublessor may, without further notice, enter upon, re-enter, possess and damage by casualty excepted, and (ii) remove all repossess itself of its property as herein provided, and all Improvements installed on or after the date hereof by, or on behalf of, Subtenant which, pursuant to the terms of the Prime Lease Sublessor and/or Subtenant are required to remove. Subtenant’s obligation to observe or perform this covenant shall survive the termination of this Sublease.
(b) If Subtenant shall fail to duly and timely surrender the Subleased Premises in accordance with by force, summary proceedings, ejectment or otherwise, and may dispossess or remove Subtenant from the terms and conditions Subleased Premises. If Subtenant does not surrender possession of this Sublease and the Prime Lease, either Subleased Premises at the expiration end of the term of this Sublease, upon such action shall not extend such term, Subtenant shall be a tenant at sufferance, and during such time of occupancy Subtenant shall pay to Sublessor, as damages, an amount equal to twice the occurrence amount of rent that was payable immediately prior to the end of such term, as well as all actual damages suffered by Sublessor as a default which continues beyond the expiration result of applicable grace or cure periods, or upon the occurrence of any other event causing the termination of this Sublease (a “Holdover”), such holding over. Sublessor shall not be responsible for any holdover penalties resulting under the Prime Lease from Subtenant’s failure deemed to duly and timely have accepted a surrender the Subleased Premises. If of the Subleased Premises are not surrendered upon terminationby Subtenant, then Subtenant shall indemnify and hold harmless Sublessor against any loss, costs, liability or expenses (including attorneys fees) resulting from the failure to surrender, including any and all claims made by Prime Landlord or any succeeding lessee or sublessee founded upon such delay or failure to vacate the Subleased Premises. Nothing contained in this subsection (b) shall be deemed to give to Subtenant any right to fail to surrender possession or to hold overextend such term, other than by execution of a written agreement specifically so stating.
Appears in 2 contracts
Samples: Sublease Agreement (Eagle Geophysical Inc), Sublease Agreement (Eagle Geophysical Inc)