Common use of Surrender on Termination Clause in Contracts

Surrender on Termination. Tenant shall, at the expiration or earlier termination of the Term of this Lease, surrender all keys to the 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 may request, wherever located; reimburse Landlord, on demand, for the cost of repairing all damage caused by such removal; 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 earlier of (i) the expiration or earlier termination of the Term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition, and in making any incidental repairs and replacements to the Premises, and for use and occupancy during the period after the expiration or earlier termination of the Term of this Lease 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.)

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Surrender on Termination. Tenant Subtenant shall, at the expiration or earlier termination of the Term of this Lease, surrender all keys to the 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 may request, wherever located; reimburse Landlord, on demand, for the cost of repairing all damage caused by such removal; 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 surrender and vacate the Subleased Premises and deliver unencumbered and vacant possession of the Subleased Premises to Sublandlord on the Sublease Expiration Date, or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future useany earlier termination of this Sublease, 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 Existing Furniture), and furnishings located therein (including but not limited to any cabling installed by Subtenant, its vendors, contractors or agents, as 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 required herein. In addition, Subtenant shall perform all obligations of Sublandlord pursuant to Section 5 of Exhibit G of the Prime Lease with respect to any Items installed on the 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 Subleased Premises or any part thereof after expiration or earlier termination of this Sublease, by lapse of time or otherwise, an amount equal to one hundred fifty percent (150%) of the rent and any other amounts Sublandlord is required to pay Landlord under the Prime Lease for the Subleased Premises and Subtenant shall also pay to Sublandlord damages, consequential as well as direct, sustained by Sublandlord by reason of such retention, including, without limitation, reasonable attorneys’ fees. Subtenant acknowledges that the Prime Lease is scheduled to expire on August 31, 2028; therefore, time is of the essence with respect to Subtenant’s obligation to surrender such wiring the Subleased Premises in accordance with the terms of this Sublease and cabling the Prime Lease. Nothing in this Section, however, shall be construed or operate as a waiver of Sublandlord’s right of reentry or any other right of Sublandlord under this Sublease or of Landlord under the Prime Lease. Notwithstanding the foregoing, if Subtenant enters into a Subtenant Direct Lease with Landlord and delivers to Sublandlord a written agreement executed by Landlord in a good and safe condition on or before the earlier of form satisfactory to Sublandlord (i) agreeing that Subtenant may remain in possession of the Subleased Premises following the expiration or earlier termination of the Term of this LeaseSublease, or and (ii) the date on which Tenant discontinues the use of such wiring releasing Sublandlord from any and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition, and in making any incidental repairs and replacements all liability with respect to the Premisescondition of the Subleased Premises and Section 27.01 of the Prime Lease, then Subtenant shall have no obligation to surrender and for use vacate the Subleased Premises as provided in this Section 16; provided that Subtenant shall release Sublandlord from and occupancy during indemnify, defend and hold Sublandlord harmless from and against any and all claims relating to the period after condition of the Premises as of the Sublease Expiration Date and any obligations of Sublandlord to surrender and vacate the Premises set out in Section 27.01 and otherwise in the Prime Lease. This provision shall survive the expiration or earlier termination of the Term of this Lease 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 providedSublease.

Appears in 1 contract

Samples: Sublease Agreement (Digimarc CORP)

Surrender on Termination. Upon the expiration of the Term or sooner termination of this Lease pursuant to any provision hereof, the Tenant: shall vacate and surrender up to the Landlord the Leased Premises in accordance with all the requirements of this Lease; may if in good standing hereunder on termination remove all tenant's fixtures and also all furnishings and contents (being the property of the Tenant shalland not otherwise) of the Leased Premises, at and shall in any event remove any identification signs or fixtures and such tenant's fixtures, furnishings and contents and also all leasehold improvements installed by the Tenant if and to the extent required to do so by the Landlord, and shall pay to the Landlord on demand the cost of removal of any identification signs or fixtures and all the Tenant's fixtures, furnishings, contents and leasehold improvements which the Tenant shall have failed to remove in accordance with any requirements of the Landlord on or before the expiration or earlier sooner termination of the Term of this Lease, surrender and the Tenant shall make good all keys damage to the Building and Premises; remove all of Leased Premises or its trade fixtures and personal property in entrance occasioned by the Building and Premises; remove such installations removal thereof (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) requested by or on behalf of Tenant as Landlord may request, wherever located; reimburse the Landlord, on demand, for the cost of repairing all damage caused by such removal; 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 earlier of (i) the expiration or earlier termination restoration of the Term of this Lease, or (iiLeased Premises to the same condition as existed when the Landlord's Work was completed) the date on and failing which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to the Landlord the entire all cost and expense incurred by the Landlord in effecting making good such removal damage or restoration; shall leave the Leased Premises in such a state of repair and dispositioncondition as shall company in all respects with the provisions of this Lease; and hereby irrevocably appoints the Landlord as its attorney and agent to remove, store and in making sell any incidental repairs of the Tenant's property left on the Leased Premises and replacements to apply any resulting funds first to the Premisesexpense of removal, storage and for use and occupancy during sale, second to any sums then due by the period after the expiration or earlier termination of the Term of this Lease and prior Tenant to the performance by Tenant of its obligations under this Section. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from third to the Tenant’s failure or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Lease Agreement (Capital Reserve Corp)

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Surrender on Termination. Tenant shall, at the expiration or earlier Upon termination of the Term this Lease for any cause, subject to Section 11.2B of this Lease, Tenant shall quit and surrender all keys the Premises to Landlord, without delay, in good order, condition and repair, ordinary wear and tear excepted. Upon such termination of this Lease at the end of the Term, at Landlord’s option, Landlord shall (a) acquire the Improvements at Tenant’s actual, non-depreciated cost, upon payment of which title to the 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 Improvements on behalf of Tenant as Landlord may request, wherever located; reimburse Landlord, on demand, for the cost of repairing all damage caused by such removal; and vacate and yield up the Premises shall automatically vest in Landlord without the execution of any further instrument, or (including all installations, alterations, signs and improvements made by or on behalf of b) require that Tenant except as Landlord shall request Tenant to remove), broom clean and in good order and repair. If Landlord so requests, Tenantremove the Improvements, at its Tenant’s sole cost and expense, in which event Tenant, within sixty (60) days after receipt of written notice from Landlord that Landlord does not intend to acquire the Improvements, shall properly cap or seal its wiring notify Landlord in writing whether Tenant intends to complete such demolition and cabling removal. If Tenant notifies Landlord that Tenant intends to complete such demolition and removal, Tenant shall have a period, not to exceed ninety (wherever located90) 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 days after the earlier of (i) the expiration or earlier termination end of the Term of Lease term, in which post-lease period no Rent or other sums shall be due from Tenant 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 (ii) restore the Improvements or to reimburse Landlord for the cost or value of the Improvements so demolished; provided, however, that title to such Improvements existing on the Premises on the date on which is ninety (90) days after the end of the Lease Term shall vest in Landlord and the same shall become the property of Landlord without notice or execution of further instruments and without cost, expense or obligation of any kind or nature to Landlord or Tenant. If Tenant discontinues demolishes the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determineImprovements, and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition, and in making any incidental repairs and replacements to clear all demolition debris from the Premises, and for use and occupancy repair damage caused during the period after demolition activity and level grade the expiration or earlier termination of the Term of this Lease and Premises. If Tenant notifies Landlord prior to the performance by end of the sixty (60) day notice period set forth in this Section 12.1 that Tenant of its obligations under this Section. Tenant shall further indemnify Landlord against all lossdoes not intend to demolish the Improvements, cost and damage resulting from Tenant’s failure or delay in surrendering title to such Improvements existing on the Premises as above providedat the end of the Lease Term shall vest in Landlord and the same shall become the property of 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 the provisions hereof impose any obligation upon Tenant to replace Improvements that are demolished or removed or to restore and/or reconstruct Improvements following any damage or condemnation unless Tenant is required to do so by Article 9 or Article 10.

Appears in 1 contract

Samples: Penn National Gaming Inc

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