Common use of Surrender Premises Clause in Contracts

Surrender Premises. Tenant agrees to surrender to Landlord, at the end of the term of this Lease and/or upon any cancellation of this Lease, said leased premises in broom-clean and tenantable condition, ordinary wear and tear and damage by fire and windstorm or other acts of God, excepted, and subject to the provisions of paragraph 6 hereof. Tenant agrees that, if Tenant does not surrender to Landlord, at the end of the term of this Lease, or upon any cancellation of the term of this Lease, said leased premises, such holding over shall not be deemed to extend the term of or renew this Lease, but Tenant’s occupancy thereafter shall continue as a tenancy from month to month upon the terms and conditions herein contained and at the holdover rent of one hundred and fifty percent (150%) of the monthly base rent in effect immediately preceding the end of the term of this Lease and this holdover tenancy may be terminated by Landlord or Tenant upon fifteen (15) days prior written notice. Nothing in this Section 30 shall be construed as a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the term of this Lease or upon the earlier termination hereof and to assert any remedy in law or equity to evict Tenant and/or collect damages in connection with such holding over.

Surrender Premises. Tenant agrees to surrender to Landlord10.1. If, at the end as of the term of this Lease and/or upon any cancellation of this LeaseExpansion Option Termination Date, said leased premises in broom-clean and tenantable condition, ordinary wear and tear and damage by fire and windstorm or other acts of God, excepted, and subject Tenant has not exercised its Expansion Option with respect to the provisions of paragraph 6 hereof. Tenant agrees that, if Tenant does not surrender to Landlord, at the end entire first (1st) floor of the term of this Lease440 Building, or upon any cancellation of then, Landlord shall have the term of this Lease, said leased premises, such holding over shall option (but not be deemed to extend the term of or renew this Lease, but Tenant’s occupancy thereafter shall continue as a tenancy from month to month upon obligation) (the terms and conditions herein contained and at the holdover rent of one hundred and fifty percent (150%“Surrender Option”) of the monthly base rent in effect immediately preceding the end of the term of this Lease and this holdover tenancy may be terminated by Landlord or Tenant upon fifteen (15) days prior written notice. Nothing in this Section 30 shall be construed as a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender possession the Corridor Premises to Landlord by providing Tenant with ninety (90) days prior written notice (the “Surrender Notice”). In the event Landlord provides the Surrender Notice, Tenant shall surrender the Corridor Premises to Landlord prior to 11:59 p.m. Eastern Time on the day (the “Corridor Premises Expiration Date”) that is ninety (90) days after Landlord’s delivery of the Surrender Notice in the condition required by the Lease for, and in accordance with the terms of the Lease with respect to, surrendering Premises, including Section 19.2 of the Lease (collectively, the “Surrender Requirements”). The Term of the Lease with respect to the Corridor Premises upon only shall expire on the Corridor Premises Expiration Date. Commencing on the later of (q) the Corridor Premises Expiration Date and (r) the day (the “Surrender Effective Date”) that Tenant actually surrenders the Corridor Premises to Landlord in accordance with the Surrender Requirements, (y) the Lease with respect to the Corridor Premises only shall terminate and neither Landlord nor Tenant shall have any further obligations or liabilities to the other under the Lease with respect to the Corridor Premises, except for (i) such obligations or liabilities that expressly survive the expiration or termination of the Lease and (ii) Landlord’s rights to any unpaid balance of Tenant and (z) the term of this Lease or upon “Premises,” as defined in the earlier termination hereof and to assert any remedy in law or equity to evict Tenant and/or collect damages in connection with such holding overLease, shall no longer include the Corridor Premises.

Surrender Premises. Tenant agrees to surrender to Landlord, at the end For purposes of the term Surrender Premises Giveback Date Deadline (as defined in the Fifth Amendment), the Surrender Premises (as defined in the Fifth Amendment) shall exclude the Subject Space, such that, from and after the Surrender Premises Giveback Date (as defined in the Fifth Amendment), Tenant shall surrender all of this Lease and/or upon any cancellation of this Leaseits right, said leased premises title and interest in broom-clean and tenantable condition, ordinary wear and tear and damage by fire and windstorm or other acts of God, excepted, and subject to the provisions of paragraph 6 hereofSurrender Premises less and excepting the Subject Space (the Surrender Premises less the Subject Space being herein referred to as the “Modified Surrender Premises”). Tenant agrees that, if Tenant does not surrender shall continue to Landlord, at the end of the term of this Lease, or upon any cancellation of the term of this Lease, said leased premises, such holding over shall not be deemed to extend the term of or renew this Lease, but pay all Base Rent and Tenant’s occupancy thereafter Pro Rata Share of Operating Expenses as they become due and payable under the Original Lease applicable to the Surrender Premises (which, for clarification purposes, shall continue include the Subject Space) up until 11:59 p.m. MST on the Surrender Premises Effective Date (as a tenancy from month to month upon defined in the terms Fifth Amendment). As of 11:59 p.m. MST on the Surrender Premises Effective Date and conditions herein contained and at the holdover rent of one hundred and fifty percent (150%) of the monthly base rent in effect immediately preceding the end of the term of this Lease and this holdover tenancy may be terminated by Landlord or provided that Tenant upon fifteen (15) days prior written notice. Nothing in this Section 30 shall be construed as a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender delivers exclusive possession of the Modified Surrender Premises upon to Landlord in the expiration condition required under the Lease, the surrender of the term Modified Surrender Premises shall be deemed effective and the monetary obligations with respect to the Surrender Premises shall be prorated, billed, and payable in the manner provided in the Original Lease, in the same manner as would apply if the Term of the Lease expired on the Surrender Premises Effective Date with respect to the Surrender Premises only, unless expressly provided to the contrary in this Amendment, and Tenant shall be released from all of its covenants, duties, debts or obligations whatsoever with respect to the Modified Surrender Premises from and after the Surrender Premises Effective Date, except for those matters specifically provided for in this Amendment and/or which pursuant to the Lease expressly survive its expiration or upon sooner termination. From and after the earlier termination hereof Surrender Premises Giveback Date, the Modified Surrender Premises shall cease to be a part of the Lease and Tenant shall have no right to assert possession or use of the Modified Surrender Premises or any remedy options or other rights with respect to the Modified Surrender Premises without written consent from Landlord. If Tenant delivers exclusive possession of the Modified Surrender Premises to Landlord in law or equity the condition required under the Lease prior to evict the Surrender Premises Giveback Date Deadline, Tenant and/or collect damages in connection with such holding overagrees that there will be no retroactive adjustment under the Lease of any sums due hereunder prior to the Surrender Premises Giveback Date.

Surrender Premises. Not later than the Surrender Premises Giveback Date Deadline, Tenant agrees shall vacate and deliver to surrender to Landlord, at the end Landlord exclusive possession of the term of this Lease and/or upon any cancellation of this Surrender Premises in the order and condition required under the Lease; provided, however, that, notwithstanding anything to the contrary contained in the Original Lease, said leased premises Tenant shall not be required to remove any Alterations (including any cabling) and related equipment within the Surrender Premises or to otherwise restore the Surrender Premises to its prior condition. From and after the Surrender Premises Giveback Date, Tenant shall surrender all of its right, title and interest in broom-clean and tenantable conditionto the Surrender Premises and agrees that Landlord shall have the right to possession of the Surrender Premises. Except for those matters specifically provided for in this Agreement and which pursuant to the Lease expressly survive its expiration or sooner termination, ordinary wear Landlord hereby releases and tear discharges Tenant from all of its covenants, duties, debts or obligations whatsoever with respect to the Surrender Premises from and damage after the Surrender Premises Giveback Date, provided, however, that Tenant shall continue to pay all Base Rent and Tenant’s Pro Rata Share of Operating Expenses as they become due and payable under the Original Lease applicable to the Surrender Premises up until 11:59 p.m. MST on the Surrender Premises Effective Date. As of 11:59 p.m. MST on the Surrender Premises Effective Date, the surrender of the Surrender Premises shall be deemed effective and the monetary obligations with respect to the Surrender Premises shall be prorated, billed, and payable in the manner provided in the Original Lease, in the same manner as would apply if the Term of the Lease expired on the Surrender Premises Effective Date with respect to the Surrender Premises only, unless expressly provided to the contrary in this Amendment. From and after the Extension Commencement Date, the Lease shall continue in full force and effect for the remainder of the Term, as extended by fire and windstorm or other acts of Godthis Amendment, excepted, upon and subject to the terms and provisions of paragraph 6 hereofthe Lease, and the Surrender Premises shall cease to be a part of the Lease. From and after the Surrender Premises Giveback Date, Tenant shall have no right to possession or use of the Surrender Premises or any options or other rights with respect to the Surrender Premises without written consent from Landlord. If Tenant delivers exclusive possession of the Surrender Premises to Landlord in the condition required under the Lease prior to the Surrender Premises Giveback Date Deadline, Tenant agrees that, if that there will be no retroactive adjustment under the Lease of any sums due hereunder prior to the Surrender Premises Giveback Date. In the event that Tenant does not surrender fails to Landlord, at the end timely vacate and deliver exclusive possession of the term of Surrender Premises to Landlord as and in the condition required pursuant to this LeaseAmendment, or upon any cancellation of the term of this Lease, said leased premises, such holding over then Tenant shall not be deemed to extend be holding over with respect to the term Surrender Premises without the consent of or renew this Lease, but Tenant’s occupancy thereafter Landlord and shall continue as a tenancy from month be liable to month upon the terms and conditions herein contained and Landlord for rent at the holdover rent rate provided in the Original Lease and shall indemnify Landlord against loss or liability resulting from any delay of one hundred Tenant in not surrendering the Surrender Premises by the Surrender Premises Giveback Date Deadline, including, but not limited to, any amounts required to be paid to third parties who were to have occupied the Surrender Premises and fifty percent (150%) any attorneys’ fees related thereto, and any consequential damages. Notwithstanding any provision of this Amendment or the Original Lease to the contrary, neither this Amendment nor the acceptance by Landlord of the monthly base rent Surrender Premises shall in effect immediately preceding any way (a) be deemed to excuse or release Tenant from any obligation or liability with respect to the end Surrender Premises (including, without limitation, any obligation or liability under the Original Lease to indemnify, defend, and hold harmless Landlord or other parties, or with respect to any breach or breaches of the term of this Lease and this holdover tenancy may be terminated by Landlord Original Lease) which obligation or liability (i) first arises or relates to a date on or prior to the date on which Tenant upon fifteen (15) days prior written notice. Nothing in this Section 30 shall be construed as a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender delivers possession of the Surrender Premises upon to Landlord in the expiration condition required herein (provided, however, no Rent allocated or allocable to the Surrender Premises shall be due or payable for any period on or after the Extension Commencement Date, except for any adjustments to Operating Expenses to reflect the actual amount of the term Operating Expenses for calendar year 2020), or (ii) arises out of this Lease or upon the earlier termination hereof and to assert any remedy in law or equity to evict Tenant and/or collect damages is incurred in connection with such holding overevents or other matters which took place on or prior to the Surrender Premises Giveback Date; or (b) affect any obligation under the Original Lease which, by its terms, is to survive the expiration or sooner termination of the Lease.