Common use of Surrender of Surrendered Premises Clause in Contracts

Surrender of Surrendered Premises. In the event Tenant does not, on or before the Relocation Date, (i) surrender the Surrendered Premises to Landlord with all of Tenant’s property (and all alterations, additions and improvements) removed therefrom and broom clean, in as good condition as received, and as otherwise provided pursuant to the terms of the Lease, including without limitation Section 20 of the Initial Lease, and (ii) return any and all keys, including, without limitation, mailbox keys, for the Surrendered Premises to Landlord, then Tenant shall be deemed to be holding over with respect to the Surrendered Premises and the terms of Section 20 of the Initial Lease, and any and all other applicable provisions of the Lease, shall apply to Tenant’s holdover of the Surrendered Premises. Accordingly, in response to such a holdover by Tenant, Landlord shall be entitled to exercise or pursue (a) any and all of its rights under Section 20 of the Initial Lease, or any other applicable section of the Lease, or (b) any other legal or equitable remedies otherwise available to Landlord. In addition, if any repairs are required to be performed in, to or at the Surrendered Premises, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, prior to the Relocation Date. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense. Landlord shall be permitted to inspect the Surrendered Premises in order to verify compliance with this Section 4 and the Lease as of Relocation Date. The obligations imposed under the first sentence of this Section 4 shall survive the termination or expiration of the Lease. Notwithstanding the foregoing, provided that Tenant is not in default pursuant to the terms of the Lease, Tenant may occupy the Surrendered Premises commencing on January 1, 2012 through January 15, 2012, pursuant to the terms and conditions of the Lease as it applies to the “Premises”; provided that Tenant shall not be required to pay Base Rent for the Surrendered Premises during the period January 1, 2012 through January 15, 2012. In such event, Tenant shall be required to surrender the Surrendered Premises on January 15, 2012, and otherwise pursuant to the terms and conditions of the Lease, including, without limitation, pursuant to this Section 4. Tenant shall in all events be required to pay Base Rent, Additional Rent, and all other amounts due under the Lease for the Relocation Premises for the period January 1, 2012 through the expiration date of the Lease.

Surrender of Surrendered Premises. In Effective on the event Tenant does not, on or before the Relocation Effective Date, (i) Tenant shall surrender to Landlord, and Landlord shall accept the Surrendered Premises to Landlord with surrender from Tenant, of all of Tenant’s property right, title and interest in and to the Surrendered Premises, the Lease (as it relates only to the Surrendered Premises) and any other rights of occupancy, with respect to the Surrendered Premises, subject to the rights, duties and limitations set forth in this Amendment. Except for (a) Landlord’s and Tenant’s obligations to continue performance all alterations, additions of their respective obligations under the Lease (including Tenant’s obligation to pay Basic Rental and improvementsAdditional Rent for the Surrendered Premises) removed therefrom and broom clean, until such time as Tenant has properly surrendered the Surrendered Premises in as good condition as received, and as otherwise provided pursuant to accordance with the terms of this Seventh Amendment (which, to the Leaseextent Tenant has not fully surrendered the Surrendered Premises by the Effective Date, including without limitation Section 20 shall include the payment of holdover rent on the Surrendered Premises until the Subtenant has completely vacated all of the Initial LeaseSurrendered Premises and the Surrendered Premises has been properly surrendered [provided that solely for purposes of determining whether Tenant has fully surrendered the Premises, and (ii) return any and all keys, including, without limitation, mailbox keys, the completion of the installation of the demising wall referenced in Section 2.1 of the attached Work Letter shall not be required for the Surrendered Premises to Landlordbe considered fully surrendered]; in connection with the foregoing, then Landlord acknowledges and understands that Tenant will need to occupy a portion of the Surrendered Premises for the purposes of constructing the demising wall and that, provided that Tenant has otherwise vacated the Premises in the condition required by Section 12 below, Tenant shall not be deemed required to be holding over pay any Rent for the Surrendered Premises during the time period it is constructing the wall; (b) Landlord’s and Tenant’s respective obligations under the Lease after the surrender of the Surrendered Premises with respect to the Remaining Premises only; and (c) those obligations of Landlord and/or Tenant under this Seventh Amendment and under the Lease relating to the Surrendered Premises or at law which survive the termination of Tenant’s lease of the Surrendered Premises (collectively, the “Surviving Obligations”), from and after the Effective Date, Tenant’s lease of the Surrendered Premises shall terminate and Landlord and Tenant shall have no further duties or obligations to one another in connection with the Lease (but only as such duties and obligations relate to the Surrendered Premises). Landlord and Tenant hereby acknowledge and agree that the Surviving Obligations shall include, without limitation, Tenant’s indemnification obligations contained in the Original Lease with respect to the Surrendered Premises and the terms of Section 20 of the Initial Lease, Landlord’s and any and all other applicable provisions of the Lease, shall apply to Tenant’s holdover of Direct Costs reconciliation payment obligations with respect to the Surrendered Premises. Accordingly, in response to such a holdover by Tenant, Landlord shall be entitled to exercise or pursue (a) any and all of its rights under Section 20 of the Initial Lease, or any other applicable section of the Lease, or (b) any other legal or equitable remedies otherwise available to Landlord. In addition, if any repairs are required to be performed in, to or at the Surrendered Premises, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, prior to the Relocation Date. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense. Landlord shall be permitted to inspect the Surrendered Premises in order to verify compliance with this Section 4 and the Lease as of Relocation Date. The obligations imposed under the first sentence of this Section 4 shall survive the termination or expiration of the Lease. Notwithstanding the foregoing, provided that Tenant is not in default pursuant to the terms of the Lease, Tenant may occupy the Surrendered Premises commencing on January 1, 2012 through January 15, 2012, pursuant to the terms and conditions of the Lease as it applies to the “Premises”; provided that Tenant shall not be required to pay Base Rent for the Surrendered Premises during the period January 1, 2012 through January 15, 2012. In such event, Tenant shall be required to surrender the Surrendered Premises on January 15, 2012, and otherwise pursuant to the terms and conditions of the Lease, including, without limitation, pursuant to this Section 4. Tenant shall in all events be required to pay Base Rent, Additional Rent, and all other amounts due under the Lease for the Relocation Premises for the period January 1, 2012 through the expiration date of the Lease.

Surrender of Surrendered Premises. In Effective on the event Tenant does not, on or before the Relocation Termination --------------------------------- Date, (i) Tenant hereby surrenders to Landlord, and Landlord hereby accepts the surrender the Surrendered Premises to Landlord with from Tenant, of all of Tenant’s property ('s right, title and all alterations, additions interest in and improvements) removed therefrom and broom clean, in as good condition as received, and as otherwise provided pursuant to the terms Surrendered Premises, the Lease (as it relates only to the Surrendered Premises) and any other rights of occupancy with respect to the LeaseSurrendered Premises, including without limitation Section 20 of subject to the Initial Leaserights, duties and limitations set forth in this Amendment. Except for (iia) return any and all keys, Tenant's obligations to continue to perform its monetary obligations under the Lease (including, without limitation, mailbox keysthe obligation to pay rent) until the Termination Date, for (b) Tenant's obligations under the Lease after the surrender of the Surrendered Premises to Landlord, then Tenant shall be deemed to be holding over (with respect to the Surrendered Premises and the terms of Section 20 remainder of the Initial LeasePremises), and any (c) those obligations of Tenant under this Amendment and all other applicable provisions of under the Lease, shall apply Lease (relating to Tenant’s holdover of the Surrendered Premises. Accordingly, in response to such a holdover by Tenant, Landlord shall be entitled to exercise ) or pursue (a) any and all of its rights under Section 20 at law which survive the termination of the Initial LeaseLease (collectively, or any other applicable section of the Lease"Surviving Obligations"), or from and after the Termination Date, the Lease (b) any other legal or equitable remedies otherwise available as it relates only to Landlord. In addition, if any repairs are required to be performed in, to or at the Surrendered Premises, ) shall terminate and Landlord and Tenant shall cause such repairs have no further duties or obligations to be performed, to Landlord’s reasonable satisfaction, prior one another in connection with the Lease (as it relates only to the Relocation DateSurrendered Premises). If Tenant fails to timely comply with hereby acknowledges and agrees that the preceding sentence, then Landlord Surviving Obligations shall have the right to cause the repairs to be performed, at Tenant’s expense. Landlord shall be permitted to inspect the Surrendered Premises in order to verify compliance with this Section 4 and the Lease as of Relocation Date. The obligations imposed under the first sentence of this Section 4 shall survive the termination or expiration of the Lease. Notwithstanding the foregoing, provided that Tenant is not in default pursuant to the terms of the Lease, Tenant may occupy the Surrendered Premises commencing on January 1, 2012 through January 15, 2012, pursuant to the terms and conditions of the Lease as it applies to the “Premises”; provided that Tenant shall not be required to pay Base Rent for the Surrendered Premises during the period January 1, 2012 through January 15, 2012. In such event, Tenant shall be required to surrender the Surrendered Premises on January 15, 2012, and otherwise pursuant to the terms and conditions of the Lease, includinginclude, without limitation, pursuant to this Section 4. Tenant shall Tenant's indemnification obligations contained in all events be required to pay Base Rent, Additional Rent, and all other amounts due under the Lease for the Relocation Premises for the period January 1, 2012 through the expiration date of the Lease.

Surrender of Surrendered Premises. In On the event Tenant does not, on or before the Relocation Effective Date, (i) Tenant shall surrender to Landlord the Surrendered Premises in clean condition, free of Tenant’s general office furniture and personal property, in good repair and free of Hazardous Substances. Notwithstanding the foregoing, Tenant may leave within the Surrendered Premises furniture and personal property that Tenant has transferred ownership to Monogram Bioscience, provided that a detailed inventory of such furniture and personal property, signed by both Tenant and Monogram Bioscience, is delivered to Landlord prior to the Effective Date. Notwithstanding any provision in the Original Lease to the contrary, except as to Trade Fixtures, Tenant shall not remove any Alterations or Tenant Improvements in the Surrendered Premises or to make any modifications to the Surrendered Premises except as necessary to surrender the Surrendered Premises in the condition required by the first sentence of this Paragraph. Notwithstanding the foregoing, Tenant shall not remove any component of a parent system that as a result of removal would cause that system to function improperly such as HVAC, water distribution, gas distribution (examples of these components would include but not be limited to fume hoods and water purification equipment). From and after the Effective Date, the Lease (as it relates only to the Surrendered Premises) shall terminate and neither Landlord with all nor Tenant (nor any subtenants, licensees or assignees of Tenant’s property (and all alterations) shall have any rights, additions and improvementsduties or obligations to one another in connection with the Lease as it relates only to the Surrendered Premises) removed therefrom and broom clean, in as good condition as receivedexcept for those obligations under the Lease to the extent not pertaining to the Surrendered Premises, and the following (the following are collectively referred to herein as otherwise provided pursuant to the “Surviving Obligations”): (a) in the event that Tenant does not properly surrender the Surrendered Premises in accordance with the terms of the Lease, including without limitation Section 20 the performance by Tenant of its obligations under the Initial Lease, and (ii) return any and all keys, including, without limitation, mailbox keys, for the Surrendered Premises to Landlord, then Tenant shall be deemed to be holding over Lease with respect to the Surrendered Premises and (including, without limitation, the terms payment of Section 20 of the Initial Lease, and any and all other applicable provisions of the Lease, shall apply to Tenant’s holdover of the Surrendered Premises. Accordingly, in response to rent) until such a holdover by Tenant, Landlord shall be entitled to exercise or pursue (a) any and all of its rights under Section 20 of the Initial Lease, or any other applicable section of the Lease, or (b) any other legal or equitable remedies otherwise available to Landlord. In addition, if any repairs are required to be performed in, to or at the Surrendered Premises, time as Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, prior to the Relocation Date. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense. Landlord shall be permitted to inspect has properly surrendered the Surrendered Premises (provided, however, the foregoing is in order no way intended to verify compliance provide Tenant with this Section 4 and the Lease as of Relocation Date. The obligations imposed under the first sentence of this Section 4 shall survive the termination or expiration of the Lease. Notwithstanding the foregoing, provided that Tenant is not in default pursuant any right to the terms of the Lease, Tenant may occupy the Surrendered Premises commencing on January 1, 2012 through January 15, 2012, pursuant delay its obligation to the terms and conditions of the Lease as it applies to the “Premises”; provided that Tenant shall not be required to pay Base Rent for the Surrendered Premises during the period January 1, 2012 through January 15, 2012. In such event, Tenant shall be required to properly surrender the Surrendered Premises on January 15, 2012, or before the Effective Date); and otherwise pursuant to (b) those obligations under this Sixth Amendment and/or under the terms and conditions Original Lease which expressly survive the expiration or earlier termination of the Lease, including, without limitation, pursuant Tenant’s indemnification obligations contained in the Lease with respect to this Section 4conditions existing or events occurring prior to the Effective Date. Tenant shall in all events be required to pay Base RentNotwithstanding the above, Additional Rent, and all other amounts due Tenant’s indemnification obligations under the Lease shall not apply to any damage, claims or liabilities arising solely out of the entry into the Surrendered Premises by Landlord, any prospective or actual tenant for the Relocation Surrendered Premises or any other third party entering the Surrendered Premises for purposes of designing, modifying or otherwise preparing the period January 1, 2012 through Surrendered Premises for re-letting. The Cummins 1500 Kw emergency generator located in the expiration date east side of the Leaseparking lot is not connected to the Surrendered Premises and remains appurtenant to the New Premises.