Surrender on Termination. SECTION 5.01. Tenant shall, on the last day of the term hereof or upon any earlier termination of this Lease, surrender the Property to Landlord in as good condition, reasonable wear and tear excepted, as Tenant received the Property from Landlord on the first day of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances other than those to which this Lease is subject. SECTION 5.02. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord, and failing to do so, will pay as liquidated damages, for the whole time such possession is withheld, the monthly rent set forth in Article 2 for the month immediately prior to the termination; but the provisions of this clause shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein. SECTION 5.03. Upon termination of this Lease, title to all permanent improvements made or constructed by Tenant and located on the Property shall vest in Landlord under the following terms and conditions. Tenants cost of improvements to the Property shall be disclosed and agreed upon by amendment to this Lease. SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant. SECTION 5.05. The provision of this Article 5 shall survive the expiration or any termination of this Lease.
Appears in 3 contracts
Samples: Beaumont Lease (Central Freight Lines Inc/Tx), Fort Worth Lease (Central Freight Lines Inc/Tx), Eagle Pass Lease (Central Freight Lines Inc/Tx)
Surrender on Termination. SECTION 5.01. Tenant shall, on the last day of the term hereof or upon any earlier termination of this Lease, surrender the Property to Landlord in as good condition, reasonable wear and tear excepted, as Tenant received the Property from Landlord on the first day of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances other than those to which this Lease is subject.
SECTION 5.02. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord, and failing to do so, will pay as liquidated damages, for the whole time such possession is withheld, the monthly rent set forth in Article 2 for the month immediately prior to the termination; but the provisions of this clause shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein.
SECTION 5.03. Upon termination of this Lease, title to all permanent improvements made or constructed by Tenant and located on the Property shall vest in Landlord under the following terms and conditions. Tenants Tenant shall be paid for the cost of any permanent improvements made or constructed subsequent to the Property date of this Agreement, and Tenant's cost of such improvements shall be disclosed and agreed upon by amendment to this Lease.
SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant.
SECTION 5.05. The provision of this Article 5 shall survive the expiration or any termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Central Freight Lines Inc), Lease Agreement (Central Freight Lines Inc)
Surrender on Termination. SECTION 5.01. Tenant shall, on at the last day expiration or earlier termination of the term hereof or upon any earlier termination Term of this Lease, surrender all keys to the Property to Building and Premises; remove all of its trade fixtures and personal property in the Building and Premises; remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord in as good conditionmay request, reasonable wear and tear excepted, as Tenant received the Property from Landlord on the first day of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances other than those to which this Lease is subject.
SECTION 5.02. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to wherever located; reimburse Landlord, and failing to do so, will pay as liquidated damageson demand, for the whole time cost of repairing all damage caused by such possession is withheldremoval; and vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in good order and repair. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the monthly rent set forth in Article 2 for earlier of (i) the month immediately prior to the termination; but the provisions of this clause shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent expiration or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver earlier termination of the right to forfeit this Lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein.
SECTION 5.03. Upon termination Term of this Lease, title to all permanent improvements made or constructed by (ii) the date on which Tenant discontinues the use of such wiring and located on the Property shall vest in Landlord under the following terms and conditionscabling. Tenants cost of improvements to the Property Any property not so removed shall be disclosed and agreed upon by amendment to this Lease.
SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained removed and disposed of by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. Howevershall determine, and Tenant shall pay Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own entire cost and expense incurred by Landlord in effecting such removal and disposition, and in making any incidental repairs and replacements to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlordthe Premises, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant.
SECTION 5.05. The provision of this Article 5 shall survive for use and occupancy during the period after the expiration or any earlier termination of the Term of this LeaseLease and prior to the performance by Tenant of its obligations under this Section. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure or delay in surrendering the Premises as above provided.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)
Surrender on Termination. SECTION 5.0112.1. Tenant shall, on the last day of the term hereof On expiration or upon any earlier early termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings made on the date of move out, and surrender the Property to Landlord Premises clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in as good operating condition, reasonable wear all signing removed and tear excepteddefacement corrected, and all repairs called for under this Lease completed. The Premises shall be delivered in the same condition as Tenant received at the Property from Landlord on the first day commencement of the Lease term, free including all original tenant improvements approved by Landlord, subject only to depreciation and clear wear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all occupancies unless expressly permitted by Landlord in writingdamage resulting from such removal. Failure to remove said property shall be an abandonment of same, and free and clear Landlord may dispose of it in any manner without liability. If Tenant fails to vacate the Premises when required, Landlord may elect either to treat Tenant as a tenant from month to month, subject to all liens and encumbrances other than those to which this Lease is subject.
SECTION 5.02. Tenant will, at the termination provisions of this Lease except the provision for term, or to eject Tenant from the Premises and recover damages caused by lapse wrongful holdover. Notwithstanding the foregoing, Tenant may hold over in the Premises for a period of time or otherwise, yield up immediate possession to Landlord, and failing nine (9) months following the expiration of the lease term by giving Landlord written notice of intent to do so, will pay as liquidated damages, for the whole time such possession is withheld, the monthly rent set forth in Article 2 for the month immediately hold over at least 150 days prior to expiration of the termination; but the lease term. All provisions of this clause Lease shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall apply during the receipt of said hold over term, except that rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the term hereby granted for the renewal period still unexpired, for a breach of any of the covenants herein.
SECTION 5.03. Upon termination of this Lease, title to all permanent improvements made or constructed by Tenant and located on the Property shall vest in Landlord under the following terms and conditions. Tenants cost of improvements to the Property shall be disclosed and an amount agreed upon by amendment parties at least 90 days prior to this Leaseexpiration of the lease term, but in no case less than that of the last month of the lease term and no more than 115% of the rent for the last month of the lease term.
SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant.
SECTION 5.05. The provision of this Article 5 shall survive the expiration or any termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Planar Systems Inc)
Surrender on Termination. SECTION 5.01. Tenant Subtenant shall, at its sole cost and expense, surrender and vacate the Subleased Premises and deliver unencumbered and vacant possession of the Subleased Premises to Sublandlord on the last day of the term hereof Sublease Expiration Date, or upon any earlier termination of this LeaseSublease, surrender and shall, at its sole cost and expense, on or prior to such date, remove therefrom any and all of its personal property, furniture (including the Property Existing Furniture), and furnishings located therein (including but not limited to Landlord in any cabling installed by Subtenant, its vendors, contractors or agents, as good condition, reasonable well as Subtenant’s secured access or other security system) (“Subtenant’s Property”) and repair and restore all damage to the Subleased Premises caused by Subtenant’s use and occupancy of the Subleased Premises (ordinary wear and tear excepted), including without limitation, the removal of Subtenant’s Property as Tenant received required herein. In addition, Subtenant shall perform all obligations of Sublandlord pursuant to Section 5 of Exhibit G of the Property from Landlord Prime Lease with respect to any Items installed on the first roof by Sublandlord, which Items are listed on Exhibit G of this Sublease, attached hereto and incorporated herein. Subtenant shall pay to Sublandlord, upon demand, all sums so paid by Sublandlord and all incidental costs and expenses of Sublandlord in connection therewith, together with interest at the then maximum rate of interest which may be lawfully collected from Subtenant, from the date of Sublandlord making such expenditures. Notwithstanding anything to the contrary in the Prime Lease, Subtenant shall pay Sublandlord a sum for each day that Subtenant retains possession of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances other than those to which this Lease is subject.
SECTION 5.02. Tenant will, at the Subleased Premises or any part thereof after expiration or earlier termination of this Lease Sublease, by lapse of time or otherwise, yield up immediate possession an amount equal to Landlord, one hundred fifty percent (150%) of the rent and failing any other amounts Sublandlord is required to do so, will pay as liquidated Landlord under the Prime Lease for the Subleased Premises and Subtenant shall also pay to Sublandlord damages, for consequential as well as direct, sustained by Sublandlord by reason of such retention, including, without limitation, reasonable attorneys’ fees. Subtenant acknowledges that the whole Prime Lease is scheduled to expire on August 31, 2028; therefore, time such possession is withheld, of the monthly rent set forth essence with respect to Subtenant’s obligation to surrender the Subleased Premises in Article 2 for accordance with the month immediately prior to the termination; but the provisions terms of this clause Sublease and the Prime Lease. Nothing in this Section, however, shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent construed or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of Sublandlord’s right of reentry or any other right of Sublandlord under this Sublease or of Landlord under the right Prime Lease. Notwithstanding the foregoing, if Subtenant enters into a Subtenant Direct Lease with Landlord and delivers to forfeit this Lease and the term hereby granted for the period still unexpired, for Sublandlord a breach of any written agreement executed by Landlord in a form satisfactory to Sublandlord (i) agreeing that Subtenant may remain in possession of the covenants herein.
SECTION 5.03. Upon Subleased Premises following the expiration or earlier termination of this Sublease, and (ii) releasing Sublandlord from any and all liability with respect to the condition of the Subleased Premises and Section 27.01 of the Prime Lease, title then Subtenant shall have no obligation to surrender and vacate the Subleased Premises as provided in this Section 16; provided that Subtenant shall release Sublandlord from and indemnify, defend and hold Sublandlord harmless from and against any and all permanent improvements made or constructed by Tenant and located on the Property shall vest in Landlord under the following terms and conditions. Tenants cost of improvements claims relating to the Property shall be disclosed condition of the Premises as of the Sublease Expiration Date and agreed upon by amendment any obligations of Sublandlord to this surrender and vacate the Premises set out in Section 27.01 and otherwise in the Prime Lease.
SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant.
SECTION 5.05. The This provision of this Article 5 shall survive the expiration or any earlier termination of this LeaseSublease.
Appears in 1 contract
Samples: Sublease Agreement (Digimarc CORP)
Surrender on Termination. SECTION 5.01. Tenant shallUpon termination of this Lease for any cause, on the last day of the term hereof or upon any earlier termination subject to Section 11.2B of this Lease, Tenant shall quit and surrender the Property Premises to Landlord Landlord, without delay, in as good conditionorder, reasonable condition and repair, ordinary wear and tear excepted. Upon such termination of this Lease at the end of the Term, as at Landlord’s option, Landlord shall (a) acquire the Improvements at Tenant’s actual, non-depreciated cost, upon payment of which title to the Improvements on the Premises shall automatically vest in Landlord without the execution of any further instrument, or (b) require that Tenant received remove the Property Improvements, at Tenant’s sole cost and expense, in which event Tenant, within sixty (60) days after receipt of written notice from Landlord on that Landlord does not intend to acquire the first day Improvements, shall notify Landlord in writing whether Tenant intends to complete such demolition and removal. If Tenant notifies Landlord that Tenant intends to complete such demolition and removal, Tenant shall have a period, not to exceed ninety (90) days after the end of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances which post-lease period no Rent or other than those to which this Lease is subject.
SECTION 5.02. sums shall be due from Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord, and failing to do so, will pay as liquidated damages, for the whole time such possession is withheld, the monthly rent set forth in Article 2 for the month immediately prior to the termination; but the provisions of this clause shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein.
SECTION 5.03. Upon termination of under this Lease, to complete such demolition and removal. If Tenant demolishes the Improvements, all salvage shall belong to Tenant and without any obligation to repair or restore the Improvements or to reimburse Landlord for the cost or value of the Improvements so demolished; provided, however, that title to all permanent improvements made or constructed by Tenant and located such Improvements existing on the Property Premises on the date which is ninety (90) days after the end of the Lease Term shall vest in Landlord under and the following terms same shall become the property of Landlord without notice or execution of further instruments and conditionswithout cost, expense or obligation of any kind or nature to Landlord or Tenant. Tenants cost of improvements If Tenant demolishes the Improvements, Tenant shall clear all demolition debris from the Premises, repair damage caused during the demolition activity and level grade the Premises. If Tenant notifies Landlord prior to the Property end of the sixty (60) day notice period set forth in this Section 12.1 that Tenant does not intend to demolish the Improvements, title to such Improvements existing on the Premises at the end of the Lease Term shall be disclosed vest in Landlord and agreed upon by amendment to this Lease.
SECTION 5.04. All personal the same shall become the property of Tenant which Landlord without notice or execution of further instruments and without cost, expense or obligation of any kind or nature to Landlord or Tenant. In no event shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require provisions hereof impose any obligation upon Tenant to remove replace Improvements that are demolished or removed or to restore and/or reconstruct Improvements following any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure damage or condemnation unless Tenant is required to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenantby Article 9 or Article 10.
SECTION 5.05. The provision of this Article 5 shall survive the expiration or any termination of this Lease.
Appears in 1 contract
Surrender on Termination. SECTION 5.01. Tenant shallUpon the expiration of the Term or sooner termination of this Lease pursuant to any provision hereof, the Lessee:
(a) shall vacate and surrender up to the Lessor the Leased Premises in accordance with all the requirements of this Lease;
(b) may remove all tenant’s fixtures installed on the last day Leased Premises which the Lessor has expressly agreed in writing may be removed upon termination together with such unattached equipment, unattached furnishings and unattached contents which are the personal property of the term hereof Lessee (and not otherwise), and shall in any event remove any permitted identification signs or upon fixtures and such tenant’s fixtures, equipment, furnishings and contents and also all leasehold improvements installed by the Lessee if and to the extent required to do so by the Lessor, and shall pay to the Lessor on demand the cost of removal of any earlier permitted identification signs or fixtures and all tenant’s fixtures, furnishings, contents and leasehold improvements which the Lessee shall have failed to remove in accordance with any requirements of the Lessor or before the expiration or sooner termination of this Lease, surrender and the Property Lessee shall make good all damage to Landlord in as good conditionthe Leased Premises and to any heating, reasonable wear ventilating, air conditioning and tear excepted, as Tenant received utility systems serving the Property from Landlord on Leased Premises caused by the first day of the Lease term, free and clear of all occupancies unless expressly permitted by Landlord in writing, and free and clear of all liens and encumbrances other than those to which this Lease is subject.
SECTION 5.02. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord, removal thereof and failing to do so, will which shall pay as liquidated damages, for the whole time such possession is withheld, the monthly rent set forth in Article 2 for the month immediately prior to the terminationLessor all cost and expense incurred by the Lessor in making good such damage or restoration; but and
(c) shall leave the Leased Premises in such a state of repair and condition as shall comply in all respects with the provisions of this clause shall not be held as a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein.
SECTION 5.03. Upon termination of this Lease, title subject to all permanent improvements made or constructed by Tenant reasonable wear and located on the Property shall vest in Landlord under the following terms and conditions. Tenants cost of improvements to the Property shall be disclosed and agreed upon by amendment to this Leasetear.
SECTION 5.04. All personal property of Tenant which shall remain on the Property after the termination of this Lease shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. However, Landlord shall also have the right to require Tenant to remove any such personal property at Tenant's own cost and expense and to repair any damages caused by such removal. Upon Tenant's failure to do so upon fifteen (15) days notice from Landlord, Landlord may cause such personal property to be removed and charge all cost of removal to Tenant.
SECTION 5.05. The provision of this Article 5 shall survive the expiration or any termination of this Lease.
Appears in 1 contract