Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Murdock Group Career Satisfaction Corp), Lease Agreement (Imall Inc), Lease Agreement (FSP 50 South Tenth Street Corp)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 4 contracts
Samples: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. Upon On the expiration last day of the Term, or on the sooner termination of this Leasethereof, Tenant shall will peaceably surrender the Premises in good condition and all repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant Improvements and Alterations will give written notice to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that at least 30 days prior to vacating the expiration Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date of sooner termination of this Lease thereof, Tenant shall may, at its sole cost and expense, remove all telephone of its property and other cabling installed in the Building by Tenant trade fixtures and remove equipment from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any all damage to the Premises caused by such removal. If such removal is All property not completed before the expiration or termination of the Term, removed will be deemed abandoned. Tenant hereby appoints Landlord shall have the right (but no obligation) its agent to remove the same, and all property of Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of not so removed from the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or upon termination of this Lease or and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, improvements, alterations, additions and fixtures, other than Tenant's possessiontrade fixtures and equipment, whichever is earliestwhich have been made or installed by either Landlord or Tenant upon the Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and will be surrendered with the Premises as a part thereof. Tenant shall will promptly surrender all keys to for the Premises or any other part of the Building and shall deliver to Landlord all keys at the place then fixed for or make known to the payment of Rent and will inform Landlord the combination of combinations on any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 3 contracts
Samples: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC), Lease Agreement (Trintech Group PLC)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either party.
Appears in 3 contracts
Samples: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. Upon 17.1 Tenant shall, on the expiration last day of the Term, or upon the sooner termination of this Leasethe Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other personal property, and in good order and condition, reasonable wear and tear excepted, and Tenant shall surrender remove or demolish all of the fixtures, structures and other improvements which Landlord shall elect pursuant to and in accordance with Section 6.4 hereof. Any property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and all Tenant Improvements disposed of, but the cost of any such removal and Alterations to Landlord broom-clean disposition and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair repairing any damage caused by such removalremoval shall be borne by Tenant. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
17.2 Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to one hundred-fifty percent (150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration or sooner termination of the term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value term of the Premises for Lease, such holding over shall not be deemed to extend the period term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to at the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesRent as herein increased. Tenant's obligations under this Section This provision shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days' notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either parry.
Appears in 3 contracts
Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. Upon Tenant shall, at the expiration or termination of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for excepting only reasonable wear and tear, tear and damage from casualty by fire or condemnation other insured casualty. Tenant shall have no right to hold over beyond the expiration of the Term and any changes resulting from approved Alterations; in the event Tenant shall fail to deliver possession of the Premises as herein provided, howeversuch occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that time calculated under the provisions of the Lease. If Xxxxxx fails to surrender the space within thirty (30) days of the termination date, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord’s option, with a Rent of two hundred percent (200%) the sum of the Rent as those sums are at that prior to time calculated under the provisions of the Lease. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or sooner termination of the TermTerm shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorney’s fees, incurred by Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion as a result of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 3 contracts
Samples: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)
Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease, . Tenant shall surrender additionally, as of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionExpiration Date, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone of Tenant’s Personal Property and other cabling installed in perform all repairs and restoration required by the Building by Tenant and remove from the Premises all removal of any Alterations or Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same’s Personal Property, and Tenant shall pay surrender to Landlord on demand for all costs of removal and storage thereof and for the rental value of keys to the Premises for the period from the end of the Term through the end of the time reasonably required for such removal(including without limitation any keys to any exterior or interior doors). Landlord shall also have the right may elect to retain or dispose of all in any manner any Alterations or any portion of such property if Tenant’s Personal Property that Tenant does not pay all remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such costs and retrieve the property within ten (10) days after Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and Tenant vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, ’s retention or disposition of any such propertyAlterations or Tenant’s Personal Property. Upon expiration Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or termination disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Lease or of Tenant's possession, whichever is earliestParagraph, Tenant shall surrender indemnify, defend, and hold Landlord harmless from and against all keys to the Premises or liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including without limitation any other part of the Building and shall deliver to Landlord all keys claim for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedamages made by a succeeding tenant.
Appears in 3 contracts
Samples: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date of termination.
Section 16.3. Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability excluding consequential damages) resulting from the failure or delay by Tenant shall in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and all will be impossible to accurately measure. Tenant Improvements and Alterations therefore agrees that if possession of the Premises is not surrendered to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to upon the expiration or sooner termination of the Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all material factors reasonably relevant to such determination, or one and one-half (1 1/2) times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from to retain possession of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalafter the expiration or sooner termination of the Term. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord such holding over shall have the right (but no obligation) not be deemed to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to statute in effect in the state where the Premises is located which would contravene or any other part of limit the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located provisions set forth in the Premises. Tenant's obligations under this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good order and condition, reasonable wear and tear and damage due to casualty (subject to the provisions of Article 7) or condemnation (subject to the provisions of Article 8) excepted, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date of termination.
Section 16.3. Tenant acknowledges that possession of the Property must be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then Tenant shall surrender pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to Property after the expiration or sooner termination of the Term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, one hundred fifty percent (150%) of the Fixed Rent and Additional Rent which was payable under this Lease Tenant with respect to the last month of the Term hereof. Nothing herein contained shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected be deemed to require permit Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalretain possession of the Property after the expiration or sooner termination of the Term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value Term of the Premises for the period from the end of Lease, such holding over shall not be deemed to extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises statute or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located equitable right in effect in the Premises. Tenant's obligations under state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)
Surrender. Upon On the expiration last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the Leased Premises for to secure the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. Upon Tenant shall, at the expiration or termination of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for excepting only reasonable wear and tear, tear and damage from casualty by fire or condemnation other insured casualty. Tenant shall have no right to hold over beyond the expiration of the Term and any changes resulting from approved Alterations; in the event Tenant shall fail to deliver possession of the Premises as herein provided, howeversuch occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that time calculated under the provisions of the Lease. If Tenant fails to surrender the space within thirty (30) days of the termination date, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord's option, with a Rent of two hundred percent (200%) the sum of the Rent as those sums are at that prior to time calculated under the provisions of the Lease. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or sooner termination of the TermTerm shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorney's fees incurred by Landlord shall have the right as a result of such holdover. Landlord agrees to treat Tenant as a holdover (but no obligationas opposed to a trespasser) to remove the same, so long as Landlord and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for are negotiating in good faith to extend the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination term of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Immune Response Corp), Lease Agreement (Immune Response Corp)
Surrender. Upon the expiration of the Lease Term, or upon the earlier termination of this Lease, Tenant shall vacate and surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in first class condition and repair and in their original conditionfull compliance with the maintenance, except for reasonable wear repair and tearreplacement provisions of this Lease. In any event, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease Lease:
a. all interior walls shall be painted or cleaned so that they appear freshly painted;
b. all non-carpeted floor coverings shall be cleaned and waxed to the extent they are in first class condition;
c. to the extent non-carpeted floor coverings are not in first class condition, said floor coverings shall be repaired or replaced, as necessary;
d. all carpets not in first class condition shall be cleaned and shampooed to the extent necessary to place them in first class condition as reasonably determined by Landlord;
e. to the extent cleaning and shampooing does not place the carpets in first class condition as reasonably determined by Landlord, such carpets shall be replaced, to the extent necessary, with neutral carpets of equal or better quality;
f. all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and
g. all windows shall be washed. If Landlord so requests, Tenant shall shall, prior to the expiration or sooner termination of this Lease, remove all telephone and other cabling installed in the Building by any Alterations which Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant is required to remove as provided in pursuant to Section 6.1 - Tenant Improvements & Alterations, 11 and repair any all damage caused by such removal. If such removal is the Leased Premises are not completed before so surrendered upon the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in conforming the Leased Premises to the required condition, plus interest on all such costs at the Default Rate. Tenant shall indemnify Landlord against loss or liability to the extent resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant to the extent related to such delay.
Appears in 2 contracts
Samples: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. Upon (a) Except as otherwise provided in Section 2(c) or 14(b), upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord shall have the right (but no obligation) to remove the samePremises, vacant, broom-clean, and Tenant (subject to the provisions of Article 8 hereof) in substantially the same condition and repair as on the Commencement Date, reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value surrender possession of the Premises for Leased Equipment to Landlord in substantially the period from same order and repair as on the end of the Term through the end of the time reasonably required for such removalCommencement Date, reasonable wear and tear excepted. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliestIn addition, Tenant shall surrender remove all keys of its personal property located at or in the Premises or elsewhere in the Building. Any damage caused to the Premises or any other part portions of the Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premisesexpense. Tenant's obligations under ’s obligation to observe or perform this Section covenant shall survive the expiration or sooner termination of the Term.
(b) Except for any applicable transition periods pursuant to the Transition Rights, which for purposes of this Section 18(b) shall not be considered a hold over by Tenant, if Tenant shall hold over and remain on the Premises or fail to remove any of its personal property beyond the expiration or earlier termination of this Lease, such holding over shall not be deemed to be an extension of this Lease, and, in addition to any rights Landlord may have under the terms of this Lease, or at law or in equity, Landlord shall be entitled to recover any and all damages (including, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not foreseeable) suffered by Landlord as a result of Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord a per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, Tenant shall indemnify and hold Landlord harmless from any liability, loss, costs and expenses, including, but not limited to reasonable attorneys’ fees, arising out of such holding over by Tenant.
Appears in 2 contracts
Samples: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
Surrender. Upon Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior due to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected lost opportunities to require Tenant lease to remove as provided in Section 6.1 - Tenant Improvements & Alterationssucceeding tenants, and repair any damage caused by such removalattorneys' fees and costs. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseLease term.
Appears in 2 contracts
Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-the Leased Premises, broom clean and in their original conditiongood order, except for reasonable condition and repair and otherwise in the condition and in a state of repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear, damage from casualty tear and acts of Casualty Damage which Landlord is obligated to repair or condemnation and any changes resulting from approved Alterationsreplace excepted; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's its personal property and any Trade Fixtures and all Alterations that property affixed to the Leased Premises or improvements, additions or alterations to the Leased Premises which Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage to the Building caused by such removal. If Tenant shall fail to remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such property or improvements, additions or alteration to be removed at Tenant’s expense. Tenant hereby agrees to pay all costs and expenses of any removal is not completed before and of the repair of any damage to the Leased Premises caused by such removal. On the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease or of Tenant's possession, whichever is earliestLease, Tenant shall surrender all keys shall, in addition to the Premises or any other part of the Building and shall foregoing, deliver to Landlord all keys for and combinations to locks, safes and vaults. Any and all property remaining on the Leased Premises after the expiration of the Lease Term or make known earlier termination of this Lease shall, at the option of Landlord, become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesTenant. Tenant's obligations under this Section ’s obligation to observe and perform these covenants shall survive the expiration of the Lease Term or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. Upon Sublessee shall at the expiration or other termination of this LeaseSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall surrender without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and all Tenant Improvements and Alterations otherwise restore the Subleased Premises to Landlord broom-clean and in their original conditionits condition as of the Sublease Commencement Date, except for reasonable or such better condition as the Subleased Premises may have thereafter been placed by Sublessee, ordinary wear and teartear and damage by fire or other casualty thereof only excepted. In the event of the Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or damage from casualty thereto, and at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or condemnation to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed, or to assign such rights to Prime Landlord, and any changes resulting from approved Alterations; provided, however, that prior to apply the net proceeds of such sale to the expiration or termination payment of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retentionsum due hereunder, or disposition of any to destroy such property. Upon expiration or termination In the event of this Lease or of Tenant's possessionsuch failure to vacate the Subleased Premises on the date and as provided herein, whichever is earliestthe Sublease Rent shall, Tenant shall surrender all keys immediately and without notice, accrue and be payable at a rate equal to the Premises or any other part two hundred (200%) percent of the Building Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall deliver indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord all keys for or make known to Landlord under the combination Prime Lease by reason of locks on all safes, cabinets and vaults that may be located in the Premisessuch holdover. Tenant's Sublessee’s obligations under this Section shall survive the expiration or earlier termination of this LeaseSublease.
Appears in 2 contracts
Samples: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after receipt of notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease, . Tenant shall surrender additionally, as of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionExpiration Date, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all of Tenant's personal property Personal Property and perform all repairs and restoration required by the removal of any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the sameTenant's Personal Property, and Tenant shall pay surrender to Landlord on demand for all costs of removal and storage thereof and for the rental value of keys to the Premises for the period from the end of the Term through the end of the time reasonably required for such removal(including without limitation any keys to any exterior or interior doors). Landlord shall also have the right may elect to retain or dispose of all in any manner any Alterations or any portion of such property if Tenant's Personal Property that Tenant does not pay all remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such costs and retrieve the property within ten (10) days after Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and Tenant vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, retention or disposition of any such property. Upon expiration Alterations or termination of this Lease or of Tenant's possessionPersonal Property. Tenant will be liable to Landlord for Landlord's costs for storing, whichever is earliestremoving (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall surrender indemnify, defend, and hold Landlord harmless from and against all keys to the Premises or liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including without limitation any other part of the Building and shall deliver to Landlord all keys claim for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedamages made by a succeeding tenant.
Appears in 2 contracts
Samples: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term Tern through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage derange or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. Landlord’s initials Tenant’s initials
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in the same condition as delivered to Tenant, except for ordinary wear and tear, except for Alterations not required to be removed by Tenant by the terms of this Lease, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to the same condition as delivered to Tenant, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the monthly installment of Minimum Annual Rent shall be (i) 125% of the monthly installment of Minimum Annual Rent payable for reasonable wear the last full month immediately preceding the holdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and tear, damage from casualty (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. At Tenant’s advance written request, Landlord agrees to give Tenant thirty (30) days’ prior written notice of any prospective damages that may arise from such holdover, including as a result of an executed lease for the rental value all or part of the Premises for after the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseTerm.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bxxx of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.
Appears in 2 contracts
Samples: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good, broom-clean condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant Improvements or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and Alterations shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in accordance with California law. If Xxxxxx does not return possession of the Property to Landlord broomin the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Xxxxxx’s occupancy of the Premises shall be that of a month-clean to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable) except that the Monthly Base Rent shall be 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdover and in their original condition, except for reasonable wear and tear, damage from casualty Tenant shall continue to pay Operating Expenses. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 2 contracts
Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, acts of Landlord or its Agents or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 2 contracts
Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditiongood condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Article 6 (Tenant Improvements & Alterations), and repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations Property to Landlord broom-clean and in their original conditionthe same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsexpense, and shall at such times of removal, repair any damage caused by such removal. If Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred borne by Tenant. Notwithstanding anything to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalthe contrary contained herein, storage, retention, or disposition of any such property. Upon expiration or upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of Tenantthe term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's possessionconsent shall entitle Landlord, whichever is earliestin addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender all keys to the Premises or and any other part of the Building and shall deliver lost profits to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseresulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. Lxxxxxxx’s initials Tenant’s initials
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove under the provisions of this Lease (except as expressly provided for otherwise in Section 6.1 - Tenant Improvements & Alterations6.1), and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including reasonable storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within fifteen (15) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 13.1 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant’s liability for repairs and restoration hereunder.
Appears in 2 contracts
Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. A. Upon the any termination or expiration or termination of this Lease, Tenant shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as existed at the Commencement Date, except for reasonable normal wear and tear, tear and damage from casualty caused by the fire or condemnation and any changes resulting from approved Alterationsother casualty; provided, however, that prior nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other part of this Lease. Tenant shall remove the Alterations it is required to remove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the Demised Premises upon termination of this Lease Tenant shall remove and to cause its transportation and storage for Tenant's benefit, all telephone at the sole cost and other cabling installed in the Building by risk of Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsshall not be liable for damage, theft, and repair any damage caused by such removal. If such removal is not completed before the expiration misappropriation or termination of the Term, loss thereof and Landlord shall have the right (but no obligation) to remove the same, and not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord on upon demand for all costs any expenses incurred by Landlord with respect to removal or storage of removal abandoned property and storage thereof with respect to restoring said Demised Premises to good order, condition and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaserepair.
Appears in 2 contracts
Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises on or prior to such expiration or termination all Tenant's personal property situated thereon which is not owned by Landlord and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and shall repair any damage caused by such removal. If Property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Landlord shall credit the net proceeds of a disposition of such property actually realized by Landlord against such costs to be borne by Tenant, provided that the Lease termination giving rise to such disposition was not caused by an Event of Default hereunder. In the event that this Lease is not completed before terminated with respect to a particular Project (either as a result of a default, or the expiration hereof, or termination otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the Termforegoing, Landlord shall have be allowed (and Tenant hereby grants to Landlord the right (but no obligationoption) to remove purchase such Tenant's Personal Property from Tenant for an amount equal to the samefair market value of Tenant's Personal Property. Tenant's Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. If Tenant abandons Tenant's Personal Property, and Tenant it shall pay become the property of Landlord on demand for all costs of removal and storage thereof and for the rental as outlined above. The fair market value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in LandlordTenant's notice Personal Property shall be transferred to determined by the mutual agreement of Landlord and vest in Landlord)Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition The provisions of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the termination or expiration or termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - 6.1—Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon At the expiration or termination of this Leasethe Lease Term, Tenant shall peaceably to surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original good order, repair and condition, except for and in conformance with all Legal Requirements, reasonable wear and tear, tear and damage from by ire or casualty or condemnation taking excepted and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that deliver to Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other xxx thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the Building realty and shall deliver belong to Landlord all keys for or make known without compensation to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a xxxx of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, additions and improvements or fails to repair any such damage to the Premises or the Building Complex caused thereby, Landlord may do so and collect from Tenant the cost of such removal and repair in accordance with Section 7.8 hereof.
Appears in 1 contract
Surrender. Upon 13.1 On the expiration Expiration Date or any earlier termination of this Leasethe Sublease or of TOTAL’s right to possession of the Sublease Premises, Tenant shall TOTAL will at once surrender and deliver up the Premises and Sublease Premises, together with all Tenant Improvements and Alterations improvements thereon (other than those which TOTAL is required to Landlord broom-clean and remove pursuant to Section 11 above), to Amyris in their original conditionsubstantially the same condition as when delivered to TOTAL, except for reasonable wear and tear, casualty, and damage from casualty by Amyris to the OCT Facilities excepted. Conditions existing because of TOTAL’s failure to perform maintenance, repairs or condemnation replacements as required of TOTAL under this Sublease shall not be deemed “reasonable wear and tear.” TOTAL shall surrender to Amyris all keys and electronic access cards to the Sublease Premises.
13.2 All Alterations in or upon the Sublease Premises made by TOTAL and not removed or required to be removed hereunder shall become a part of and shall remain upon the Sublease Premises upon such termination. If removal of any changes resulting from approved Alterations; providedAlterations is required pursuant to Section 11 above, however, that TOTAL shall restore the Sublease Premises to their condition prior to the expiration or termination making of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal or restoration. If TOTAL is permitted or required to remove any Alteration or a portion thereof, and TOTAL does not complete such removal in accordance with this Section, Amyris may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. TOTAL shall pay the costs of such removal, repair and warehousing, plus an administrative fee equal to five percent (5%) of such costs, on demand.
13.3 On or prior to the Expiration Date or any earlier termination of the Sublease or of TOTAL’s right to possession of the Sublease Premises, TOTAL shall remove TOTAL’s personal property that is not affixed to the Sublease Premises and TOTAL’s trade fixtures, and TOTAL shall repair any damage to the Sublease Premises which may result from such removal. If such removal is TOTAL does not completed remove TOTAL’s trade fixtures or personal property from the Sublease Premises on or before the expiration Expiration Date or the earlier termination of the TermSublease or of TOTAL’s right to possession, Landlord shall have Amyris may, at its option, remove the right same (but no obligationand repair any damage occasioned thereby and restore the Sublease Premises as aforesaid) to remove and dispose thereof or warehouse the same, and Tenant TOTAL shall pay Landlord on demand for all costs the cost of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right , repair, restoration or warehousing, plus as administrative fee equal to retain or dispose of all or any portion five percent (5%) of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title costs, to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks Amyris on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedemand.
Appears in 1 contract
Samples: Sublease (Amyris, Inc.)
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, to Landlord in good and broom-clean condition and repair, reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, following the expiration or termination of this Lease, Tenant shall surrender remain in the Premises and all Tenant Improvements and Alterations to as Landlord’s property unless Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such property if Tenant does not pay all such costs and retrieve the property within ten Additions (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the expiration of the Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal’s retention or disposal of same. Moreover, storageany period following the termination or expiration of this Lease during which there is Hazardous Material, retentionTenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be entitled to no payment or disposition offset for the value of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building property (even if sold by Landlord) and shall deliver to pay on demand all costs incurred by Landlord all keys for in connection with such removal or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premisesdisposal. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.No retention,
Appears in 1 contract
Surrender. Upon 5.1. As of the expiration Occupancy Expiration Date (or the sooner termination of this the Lease), Tenant shall surrender vacate the Premises and all Occupancy Area in the condition required by Section 18 of the Initial Lease. Without limitation of the foregoing, Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty shall remove the Tenant Property on or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration Occupancy Expiration Date. In the event that Tenant does not vacate the Occupancy Area on or termination of this Lease Tenant shall remove all telephone and other cabling installed in prior to the Building by Tenant and remove from Occupancy Expiration Date (or the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or sooner termination of the TermLease), Landlord shall have all of the rights and remedies contemplated by the Initial Lease with respect to the original Leased Premises as to the Occupancy Area, including, but not limited to, the right (but no obligation) to remove the samecollect hold over rent, and such failure shall constitute a Default Event.
5.2. From and after the Occupancy Expiration Date (or the sooner termination of the Lease), the Surrendered Termination Areas shall again constitute Relinquished Areas as contemplated by the Third Amendment.
5.3. As of the Occupancy Expiration Date, the Lease (as amended hereby) shall terminate as to the Vacated Space and neither Tenant nor Landlord shall pay have any further liability or obligation with respect to the Lease (as amended hereby) as to the Vacated Space except for those liabilities and obligations of Tenant and Landlord on demand for all costs relative to the Occupancy Term that expressly survive a termination of removal the Lease as to the Vacated Space (which shall constitute Surviving Liabilities of Tenant and storage thereof Surviving Liabilities of Landlord, respectively) and Surviving Liabilities of Tenant and Surviving Liabilities of Landlord for the rental value applicable portion of the Premises Vacated Space for the period prior to the deletion of such space from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys pursuant to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseThird Amendment.
Appears in 1 contract
Samples: Lease (Brightpoint Inc)
Surrender. Upon Tenant shall, at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and if Tenant does not vacate as required such failure shall be deemed an Event of Default and Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall equal one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall surrender indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the Premises period up to and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to including the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsLease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination provisions of this Lease or of Tenant's possessionArticle 19, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon 11.01 On the expiration Expiration Date or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Leased Property, Tenant shall quit and surrender to Landlord, the Premises and Leased Property including, without limitation, all Tenant Improvements and Alterations to Landlord FF&E in the Premises, “broom-clean clean” and in their original conditiongood order, condition and repair, except for reasonable ordinary wear and tear.
11.02 No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Leased Property, damage from casualty and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord and each Superior Lessor and Superior Mortgagee whose lease or condemnation mortgage, as the case may be, provides that no such surrender may be accepted without its consent.
11.03 If the Leased Property is not surrendered and vacated as and at the time required by this Lease, Tenant shall be liable to Landlord for all losses and damages which Landlord may incur or sustain by reason thereof, including, without limitation, legal fees and disbursements, and Tenant shall indemnify Landlord against all claims made by any changes succeeding tenants against Landlord or otherwise arising out of or resulting from approved Alterations; providedthe failure of Tenant to timely surrender and vacate the Leased Property in accordance with the provisions of this Lease. The parties recognize end agree that the damage to Landlord resulting from any failure by Tenant to timely surrender the Leased Property will be substantial, howeverwill exceed the amount of monthly Tenant Charges theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that prior if possession of the Leased Property is not surrendered to Landlord within two (2) Business Days after the Expiration Date or sooner termination of the Term, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Leased Property after expiration or termination of the Term, a sum equal to the greater of (i) $5,000 per month or (ii) two hundred (200%) percent of the fair market rental value of the Leased Property, as reasonable determined by Landlord. The aforesaid obligations shall survive the expiration or sooner termination of the Term.
11.04 Immediately upon the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by (unless such removal. If such removal is not completed before the expiration or termination is simultaneous with a closing of the Termtransaction under the Purchase Agreement) Tenant shall (i) assign to Landlord such Reservations (including, without limitation, Special Reservations) as Landlord shall have elect, including, without limitation, the right (but no obligation) to remove the sameReservation Deposits respecting such Reservations, and Tenant shall pay (ii) deliver to Landlord on demand for all costs of removal the Reservation Deposits respecting the Reservations so assigned to Landlord, and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10iii) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known other agreements and documents respecting the Reservations so assigned to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesLandlord. Tenant's obligations under this Section This provision shall survive the expiration or termination of this LeaseLease (unless such expiration or termination is simultaneous with a closing of the transaction under the Purchase Agreement).
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Surrender. Upon 24.01 On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty; Tenant shall remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender the Premises to Landlord all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees.
24.02 In the event Tenant Improvements and Alterations to Landlord broom-clean and remains in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to possession of the expiration or Demised Premises after the termination of this Lease without the execution by Landlord and Tenant shall remove all telephone of a new lease, Tenant shall, at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to one and other cabling installed in one-half (1.5) times the Building by Tenant fixed rent and remove from additional rent payable during the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination last month of the Termterm, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for other terms of this Lease insofar as the period from same are applicable to a month to month tenancy.
24.03 In the end event Tenant remains in possession of the Term through Demised Premises following the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease and Landlord does not elect to treat Tenant as a month-to-month tenant as provided in the Section 24.02 above, Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, cost, liability, claim, damage, fine, penalty, and expense, including attorneys' fees and disbursements, resulting from such delay by Tenant in surrendering the Demised Premises upon the termination of this Lease as provided in this Article 24, including without limitation, any claims made by any succeeding tenant or prospective tenant based upon such delay. In the event Tenant remains in possession of Tenant's possession, whichever is earliestthe Demised Premises for any period of time following the Expiration Date, Tenant shall surrender all keys be in default, and in addition to the Premises or any other part rent provided in Section 24.02 hereof, Landlord shall be entitled to all of the Building its rights and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located remedies provided in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease (Clarus Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Talk City Inc)
Surrender. Upon 10.1 On the expiration Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Premises, Subtenant must at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for Sublease will not be deemed “reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to .”
10.2 Subtenant shall remove at the expiration or earlier termination of the Term any Subtenant Alterations that Master Landlord requires be removed from the Premises and restore the Premises to the condition existing on the Commencement Date, or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all damage to the Premises resulting from the removal of Subtenant’s Property therefrom and shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. All other Subtenant Alterations in or upon the Premises made by Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this Lease Tenant shall Sublease. If Master Landlord requires removal of any Subtenant Alterations, or a portion thereof, and Subtenant does not remove all telephone and other cabling installed in the Building by Tenant and such, or Subtenant does not remove Subtenant’s Property from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to on or before the Expiration Date or the earlier termination of this Sublease, Sublandlord may remove as provided in Section 6.1 - Tenant Improvements & Alterations, the same (and repair any damage caused by occasioned thereby), and dispose thereof, or at its election, remove and/or store the same. Subtenant shall pay the reasonable costs of such removal, repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a xxxx of sale therefor, without further payment or credit by Sublandlord to Subtenant.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord. If such removal Sublandlord is not completed before required under the expiration or termination of the Term, Landlord shall have the right (but no obligation) Master Lease to remove the sameany such alterations or improvements, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the period from purpose of removing such alterations and improvements and restoring the Premises as required by the Master Lease.
10.4 At the end of the Term through of this Sublease, unless Subtenant has entered into a direct lease with Master Landlord covering the end Premises to commence immediately following the expiration or earlier termination of the time reasonably required for such removal. Landlord shall also have the right Sublease, Subtenant must surrender to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender Sublandlord all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord Sublandlord the combination of all combination locks that Subtenant is permitted to leave on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
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Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations Tenant’s improvements to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterationsthe Required Condition (as above defined); provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in or about the Building Property by Tenant and Tenant, shall remove from the Premises all Tenant's ’s personal property and any Trade Fixtures trade fixtures and shall remove all Alterations of Tenant’s improvements that Landlord has elected to require notified Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, must be removed and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term Lease term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such propertyproperty pursuant to this Lease. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building Property and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Liveworld Inc)
Surrender. Upon Section 21.01 On the expiration Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall surrender hereby indemnifies Landlord against liability primarily and directly resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay.
Section 21.04 In the event Tenant remains in possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to after the expiration or termination of this Lease Tenant without the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property as a tenant from month to month, at a monthly rental equal to two times the Fixed Rent and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before Additional Rent payable during the expiration or termination last month of the Term, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination other terms of this Lease or of insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations obligation under this Section Article shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Vringo Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove surrender to Port the Premises and all telephone Improvements thereon in good condition (except for ordinary wear and other cabling installed in tear occurring after the Building last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 18 and 19 hereof), except for Improvements and Alterations which Tenant has the right to remove from or is obligated to remove under the provisions of Section 13. Tenant shall repair any damage to the Premises for which Tenant is liable under this Lease. Tenant shall remove all of its personal property and shall perform all restoration made necessary by the removal of any Improvements, Alterations or Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of within the time reasonably required for such removalperiods stated in this Lease. Landlord shall also have the right Port may elect to retain or dispose of all any Improvements or any portion of such Tenant's personal property if which Tenant does not pay all such costs and retrieve remove from the property within Premises as allowed or required by this Lease by giving at least ten (10) days after days' prior written notice from Landlord of such election to Tenant. Except with respect to (i) Tenant's personal property as to which Port has waived in writing any right it may have or may have acquired, (ii) Tenant's property which event is covered by any filed financing statement, and (iii) any Hazardous Material left in or on the Premises, title to all such any Improvements, Alterations or to Tenant's personal property described in Landlord's notice which Port elects to retain or dispose of upon expiration of the ten-day period shall be transferred to and vest in Landlord)Port. Tenant waives all Claims claims against Landlord Port for any damage or loss to Tenant resulting from LandlordPort's removal, storage, retention, retention or disposition of any such Improvements, Alterations or Tenant's personal property. Upon expiration Tenant shall be liable to Port for all costs incurred by Port for storing, removing or termination disposing of this Lease any Improvements, Alterations or of Tenant's possession, whichever is earliestpersonal property. If Tenant fails to surrender the Premises as required by this Section 25.1, Tenant shall hold Port harmless from all damages resulting from Tenant's failure to surrender all the Premises, including, but not limited to, claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises or any other part Premises, shall constitute an acceptance of the Building and shall deliver to Landlord all keys for or make known to Landlord surrender of the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive Premises by Tenant before the expiration or of the Term. Only a notice from Port to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease.
Appears in 1 contract
Surrender. Upon On the expiration last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the Leased Premises for to secure the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon the expiration or sooner termination of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall thereupon surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as on the Occupancy Date, except for reasonable wear and teartear excepted. If Tenant has not fully and faithfully performed all of the terms, damage from casualty or condemnation conditions and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination covenants of this Lease to be performed by Tenant, Tenant shall never-theless remove all telephone and other cabling installed in the Building by Tenant and remove Tenant's Property from the Premises all in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove Property as provided in Section 6.1 - Tenant Improvements & Alterationsherein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and repair Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removalremoval or otherwise. If such removal the Premises is not completed before surrendered at the expiration or termination end of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay indemnify Landlord on demand for against all costs of removal and storage thereof and for the rental value of loss or liability resulting from delay by Tenant in so surrendering the Premises for the period from the end of the Term through the end of the time reasonably required for including, without limitation, any claims made by any succeeding tenant due to such removaldelay. Landlord shall also have the right Tenant agrees not to retain commit or dispose of all or allow waste to be committed on any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Mego Financial Corp)
Surrender. Upon Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises indemnify, defend and hold harmless Landlord from all Tenant Improvements costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and Alterations to Landlord broom-clean real estate brokers’ claims and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalattorneys’ fees. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from At the end of the Term through the end or sooner termination of Tenant’s right to possession of the time reasonably required for such removal. Landlord shall also have Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the right to retain Premises or dispose of all Building (or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys caused to the Premises or any Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located tenants in the PremisesBuilding. Tenant's ’s obligation to pay Rent and to perform all other Lease obligations under for the period up to and including the expiration or earlier termination of this Section Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Marinus Pharmaceuticals Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, Taking or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise, except as otherwise provided herein), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant's expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant's occupancy of the Premises shall be that of a tenancy at sufferance. Tenant's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for reasonable wear the first month of any holdover, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and tearthereafter, damage from casualty the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 1 contract
Samples: Lease Agreement (electroCore, Inc.)
Surrender. Upon Sublessee agrees that on the expiration last day of the Term, or on the sooner termination of this LeaseSublease, Tenant Sublessee shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and Sublessor (i) in their original conditionthe same condition as received, except for reasonable normal wear and tear, tear and damage from casualty excepted, and (ii) otherwise in accordance with Paragraph 32(h) of the Lease. Normal wear and tear shall not include any damage or condemnation deterioration that would have been prevented by proper maintenance by Sublessee, or Sublessee otherwise performing all of its obligations under this Sublease. On or before the expiration or sooner termination of this Sublease, Sublessee shall, in accordance with this Section 18, and at Sublessee's sole cost and expense, remove, and repair any changes damage cause by such removal, (A) all of Sublessee's Property and Sublessee's signage from the Premises, the Building and the Project and (B) all tenant improvements and alterations required to be removed pursuant to Section 3(b) of this Sublease. Any of Sublessee's Property not so removed by Sublessee as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Sublessor at Sublessee's expense, and Sublessee waives all claims against Sublessor for any damages resulting from approved AlterationsSublessor's retention and disposition of such property; provided, however, that prior Sublessee shall remain liable to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand Sublessor for all costs incurred in storing and disposing of removal such abandoned property of Sublessee. All Approved Alterations and storage thereof and for the rental value of other alterations to the Premises for except those which Sublessee is required to remove pursuant to Section 3(b) of this Sublease shall remain the period from property of Sublessor or Landlord. If the Premises are not surrendered at the end of the Term through or sooner termination of this Sublease, and in accordance with the end provisions of this Section 18 and Paragraph 32(h) of the time reasonably required for Lease, Sublessee shall indemnify, defend and hold Sublessor harmless from and against any and all loss or liability resulting from delay by Sublessee in so surrendering the Premises including, without limitation, any loss or liability resulting from a claim made against Sublessor made by any succeeding sublessee or prospective sublessee founded on or resulting from such removal. Landlord shall also have the right delay and losses to retain or dispose of all or Sublessor due to lost opportunities to sublease any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title Premises to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration succeeding sublessee or termination of this Lease or of Tenant's possessionprospective sublessee, whichever is earliesttogether with, Tenant shall surrender all keys to the Premises or any other part of the Building in each case, actual attorneys' fees and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasecosts.
Appears in 1 contract
Samples: Sublease Agreement (Corgentech Inc)
Surrender. Upon (a) Effective as of the expiration or termination of this Leasedate hereof (the "Surrender Date"), Tenant shall vacate, quit and surrender possession of the Premises to Landlord, and to the intent and purpose that the remainder of the term of the Lease be wholly merged and extinguished effective as of the Surrender Date, Tenant hereby gives, grants and surrenders to Landlord all of Tenant's right, title and interest in, to and under the Lease. As of the Surrender Date, the Lease and the term thereof and all rights of Tenant Improvements thereunder shall expire and Alterations to Landlord broom-clean and terminate with the same effect as if the Surrender Date was the Expiration Date as set forth in their original the Lease. The Tenth Floor Space shall be surrendered in “as is” condition, except for reasonable wear the requirements that Tenant leave the Tenth Floor Space in broom clean condition and tearthat Tenant leave all of its furniture (excluding ten (10) six foot (6') high filing cabinets) in the Tenth Floor Space. The Seventh Floor Space shall be surrendered in its “as is” condition as of the Surrender Date.
(b) Tenant represents and warrants to Landlord that: (1) Tenant is the present tenant under the Lease and Tenant has not assigned, damage from casualty conveyed, encumbered, pledged, sublet or condemnation and otherwise transferred, in whole or in part, its interest in the Lease, nor shall Tenant do any changes resulting from approved Alterations; provided, however, that of the foregoing prior to the expiration Surrender Date, (2) there are no persons or termination entities claiming under Tenant, or who or which may claim under Tenant, any rights of possession with respect to the Premises, and (3) Tenant has the right, power and authority to execute and deliver this Agreement and to perform Tenant's obligations hereunder, and this Agreement is a valid and binding obligation of Tenant enforceable against Tenant in accordance with the terms hereof. The foregoing representations and warranties shall survive the Surrender Date.
(c) Effective as of the Surrender Date, Tenant shall release Landlord and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever, arising out of, or in connection with, the Premises or the Lease. Notwithstanding the foregoing, Landlord shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Lease.
(d) Effective as of the Surrender Date, Landlord shall release Tenant and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever arising out of, or in connection with, the Premises or the Lease relating to the period from and after the Surrender Date. Notwithstanding the foregoing, Tenant shall remove all telephone not be released from any obligation, covenant, representation or warranty contained in this Agreement and other cabling installed in the Building Lease, which by Tenant and remove from the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right Lease.
(but no obligatione) to remove the same, and Tenant shall pay to Landlord on demand the Surrender Date (1) an amount equal to Fifteen Thousand Dollars ($15,000), in the form of a bank check or by wire, as consideration for all costs Landlord’s execution of removal this Agreement and storage thereof and for the rental value acceptance of the Premises Premises, and (2) Tenant hereby waives and hereby disclaims any right, title and interest Tenant may have for any and all sums remaining in the Tenth Floor Space Tenant Fund, which the parties agree is approximately One Hundred Forty Thousand and 00/100 Dollars ($140,000.00). If, at any time after the Surrender Date, it shall be determined that any Fixed Rent, additional rent, all other items of rental or other sums and charges shall have been due and payable for any period from prior to the end of the Term through the end of the time reasonably required for Surrender Date, Tenant shall pay such removal. amounts to Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord rendition of a xxxx therefor. In addition, the obligation of Tenant under the Lease to pay escalations of any sort with respect to the Premises (in including, but not limited to the Tax Payment, the Operating Expense Payment and payments on account of electricity, whether or not such payments are called additional rent), which event title shall have accrued prior to all such property described in Landlord's notice the Surrender Date, shall survive the Surrender Date. Tenant acknowledges that it has paid Rental through September 30, 2001, and that even though Tenant is surrendering the Premises as of the Surrender Date, there shall be transferred no apportionment of Rental for the month of September 2001, nor shall any prepaid portion of Rental be refunded to Tenant. The terms and vest in Landlord)provisions of this Paragraph 2(e) shall survive the surrender of the Premises. Notwithstanding the foregoing, Landlord and Tenant waives all Claims against Landlord acknowledge that if this Agreement is executed and delivered after September 30, 2001, then for any damage period commencing on October 1, 2001, and continuing through and until the date this Agreement is executed and delivered, Fixed Rent and additional rent shall be adjourned, and Tenant shall only be obligated for the payment of electricity and other similar charges for other utilities; provided however, if the Condition is not satisfied or loss waived by Landlord and this Agreement becomes null and void, Tenant agrees to Tenant resulting from Landlord's removal, storage, retention, or disposition pay to Landlord within two (2) days of any such property. Upon expiration or the termination of this Lease or Agreement, any Fixed Rent and additional rent due for the period commencing October 1, 2001, through and including the date this Agreement terminates. In such event Tenant’s obligation to pay Fixed Rent, additional rent and other charges shall continue from and after the date this Agreement terminates, through and including the end of Tenant's possessionthe Term.
(f) Tenant (1) shall pay all transfer taxes, whichever is earliestif any, imposed by any governmental authority in connection with the surrender of the Premises, including, without limitation, any City Transfer Tax and State Transfer Tax (each as hereinafter defined), and (2) does hereby agree to indemnify and hold Landlord harmless of and from any transfer taxes imposed by any governmental authority by reason of the surrender of the Premises including, without limitation, the City Transfer Tax and State Transfer Tax, if any, and all expenses related thereto, including, without limitation, reasonable attorneys' fees and disbursements. Landlord and Tenant shall surrender all keys each complete, execute and deliver, within seven (7) days after request by either party of the other party, any questionnaire, affidavit or document with respect to the Premises or any other part tax imposed by Title 11, Chapter 21 of the Building New York City Administrative Code (the "City Transfer Tax") and Article 31 of the Tax Law of the State of New York (the "State Transfer Tax"), required to be completed, executed and delivered by Landlord and Tenant with respect to the transactions contemplated by this Amendment, and the taxes, if any, shown thereby to be due shall be paid by Tenant when required by applicable law or regulation. The provisions of this Paragraph 2(f) shall survive the Surrender Date.
(g) If as of the Surrender Date Tenant has (i) fully satisfied its obligations under section 2(e) hereof, and (ii) delivered a Xxxx of Sale for all of the furniture located in the Premises to Bank of New York, then on the Surrender Date, Landlord shall deliver to Tenant the Letters of Credit securing the Seventh Floor Space Security Amount and the Tenth Floor Space Security Amount and a letter to the institution issuing the Letters of Credit stating that Landlord all keys for has no further right, title or make known interest in the Letters of Credit.
(h) Landlord and Tenant, each upon the request of the other, at any time and from time to Landlord time hereafter and without further consideration, shall execute, acknowledge and deliver to the combination of locks on all safesother any instruments or documents, cabinets and vaults that or take such further action, as shall be reasonably requested or as may be located in necessary to more effectively assure the surrender of the Premises. Tenant's obligations under , and the full benefits intended to be created by this Section shall survive the expiration or termination of this LeaseAgreement.
Appears in 1 contract
Samples: Surrender Agreement (Liveperson Inc)
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and all tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. All Tenant-Made Alterations, including the initial Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from Premises, shall, at Landlord’s option, remain upon the Premises all and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant's personal property and any Trade Fixtures and all -Made Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the be removed upon expiration or termination of the TermLease, Tenant hereby agrees to cause same to be removed at Tenant’s sole cost and expense. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord shall have the right (but no obligation) to remove the sameat Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or All obligations of Tenant hereunder not fully performed as of the termination of this the Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section Term shall survive the expiration or termination of this Leasethe Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the foregoing, Tenant, upon submitting its request to Landlord to make any Tenant-Made Alterations, including all or any portion of the initial Tenant Improvements pursuant to Exhibit C hereto, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove the Tenant-Made Alterations, for which consent is being sought, at or prior to the end of the Lease Term. If Tenant shall fail to request such information in its request to make any Tenant-Made Alterations, then all such Tenant-Made Alterations shall thereafter be subject to the exercise of Landlord's rights to require removal of such Tenant-Made Alterations. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Tenant-Made Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Tenant-Made Alterations in question at or prior to the end of the Lease Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the Tenant-Made Alterations which were the subject of Tenant's request.
Appears in 1 contract
Samples: Lease Agreement (Systemax Inc)
Surrender. Upon Tenant agrees that on the expiration last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned and repaired, any carpets cleaned, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean waxed, and (b) otherwise in their original condition, except for reasonable accordance with Paragraph 32(e). Normal wear and tear, tear shall not include any damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, deterioration that prior to would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease Lease, (i) Tenant shall remove all telephone of Tenant's Property (as hereinafter defined) and other cabling installed in Tenant's signage from the Premises, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, Project and repair any damage caused by such removal. If such removal is , and (ii) Landlord may, by notice to Tenant given not completed before later than ninety (90) days prior to the expiration or Expiration Date (except in the event of a termination of this Lease prior to the Termscheduled Expiration Date, Landlord in which event no advance notice shall have the right (but no obligation) be required), require Tenant at Tenant's expense to remove the sameany or all Alterations in accordance with Paragraph 12 of this Lease and to repair any damage caused by such removal. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or termination ; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of this Lease or such abandoned property of Tenant's possession, whichever is earliest. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. Notwithstanding anything to the contrary contained in this Lease, Tenant shall surrender all keys only be required to remove Alterations which Landlord identifies in writing as requiring removal at the Premises time Tenant requests Landlord's consent to such Alterations (or at the time Tenant notifies Landlord of any other part of the Building and shall deliver Minor Modifications pursuant to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseParagraph 12).
Appears in 1 contract
Samples: Office Lease Agreement (Performance Capital Management LLC)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-in the same condition as existed on the date Tenant originally took possession thereof with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in their original conditiongood operating order, except for reasonable condition and state of repair, ordinary wear and tear and casualty damage excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by industry-standard maintenance practice. Tenant shall repair any damage occasioned by the installation, damage maintenance or removal of trade fixtures, Tenant owned Alterations and/or Utility Installations, furnishings and equipment. Tenant shall also completely remove from casualty the Project any and all Hazardous Materials brought or condemnation released onto the Premises by or for Tenant, even if such removal would require Tenant to perform or pay for work that exceeds statutory requirements. Trade fixtures shall remain the property of Tenant and any changes resulting from approved Alterations; provided, however, that prior to shall be removed by Tenant. Any personal property of Tenant not removed on or before the expiration of the Term or any earlier termination of this Lease Tenant date shall remove all telephone and other cabling installed in the Building be deemed to have been abandoned by Tenant and remove from may be disposed of or retained by Landlord as Landlord may desire, but any removal or storage shall be at Tenant’s sole cost and expense. The failure by Tenant to timely vacate the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected pursuant to require Tenant to remove as provided in this Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before 16.15 without the expiration or termination express written consent of the Term, Landlord shall have constitute a holdover under the right (but no obligation) to remove the same, and provisions of Section 16.02 above. Tenant shall pay Landlord not commit or allow any waste or damage to be committed on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)Premises, Buildings or Property. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Building Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall deliver meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to Landlord all keys any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Txxxxx’s vacating the Premises shall conclusively be deemed correct for or make known to Landlord the combination purposes of locks on all safes, cabinets determining Tenant’s responsibility for repairs and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaserestoration.
Appears in 1 contract
Samples: Industrial Space Lease (Dragonfly Energy Holdings Corp.)
Surrender. No act or thing done by Landlord during the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Leased Premises unless such intent is specifically acknowledged in a writing signed by Landlord. The voluntary or other surrender of this Lease by Tenant, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord, shall operate as an assignment to Landlord of all subleases or subtenancies affecting the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall shall, subject to the provisions of this Paragraph 28, peaceably leave, quit and surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition in their original conditionwhich the Leased Premises was on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for reasonable ordinary wear and teartear or loss by fire or other casualty. Upon such surrender, damage Tenant shall, without expense to Landlord, (a) remove or cause to be removed from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove Leased Premises all telephone and other cabling installed in the Building property which is owned by Tenant or third parties other than Landlord and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and (b) repair any damage caused by such removal. If Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal is not completed before the expiration or termination of the Term, shall be paid by Tenant to Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalupon demand. Landlord shall also have the right not in any manner or to retain or dispose of all or any portion of extent be obligated to reimburse Tenant for any such property if Tenant does not pay all such costs and retrieve which becomes the property within ten (10) days after notice from of Landlord (in which event title pursuant to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseParagraph 28.
Appears in 1 contract
Surrender. Upon the expiration of the Term of this Lease, or upon an earlier termination of this Lease as set forth herein, LESSEE shall surrender up peaceable possession of the Leased Premises and all buildings and improvements thereon to LESSOR in good and tenantable repair, reasonable wear and tear, permitted leasehold improvements and alterations (provided that LESSEE may remove trade fixtures and personal property) which are the property of LESSOR, casualty loss and condemnation (if specifically permitted hereunder) excepted. If possession be not immediately surrendered, LESSOR, with process of law, may forthwith re-enter the Leased Premises and repossess the same, or any part thereof, and expel and remove therefrom all persons and property without being deemed guilty of any unlawful act and without prejudice to any other legal remedy available to LESSOR. LESSOR shall hold the Leased Premises after any such re-entry free of any right, privilege, or estate of LESSEE and without any duty or obligation to LESSEE in respect of any subsequent use, reletting or disposition of the Leased Premises.
a. If LESSEE shall not immediately surrender possession of the Leased Premises at the expiration or termination of this Lease, Tenant LESSEE shall surrender become a lessee from month to month, provided rent shall be paid to and accepted by LESSOR, in advance, at the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that rate of rental payable hereunder just prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalLease. If such removal is not completed before LESSEE shall fail to surrender possession of the Leased Premises immediately upon the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end hereof, LESSEE hereby agrees that all of the time reasonably required for such removal. Landlord shall also have obligations of LESSEE and all rights of LESSOR applicable during the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination Term of this Lease shall be equally applicable during such period of subsequent occupancy, whether or of Tenant's possession, whichever is earliest, Tenant not a month-to-month tenancy shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasehave been created as aforesaid.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, . Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Building and the Premises, together with all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and personal property of Tenant, both inside the Building and on the grounds comprising the Premises. Any damage caused by the removal of Tenant from the Premises, including any damages caused by removal of Tenant's equipment, shall be repaired and paid for by Tenant prior to the expiration of the Term of this Lease. In the event any improvements, fixtures, or termination equipment which Tenant is required to remove hereunder are not removed by Tenant at the time of the expiration of the Term of this Lease, Tenant shall surrender pay an allocated rent which is based on the area of the Premise which is unavailable to Landlord as a result of such improvements, fixtures, and equipment until such improvements, fixtures or equipment are removed. Any holding over by Tenant of the Premises after the expiration of the Term of this Lease shall operate and be construed to be a tenancy from month-to-month only, at double the monthly rate of rent and other charges payable hereunder for the Lease Term. Nothing contained in this Paragraph 23 shall be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises as well as any damages incurred by Landlord due to Tenant's failure to vacate the Premises and all Tenant Improvements and Alterations deliver possession to Landlord broom-clean and as herein provided. In the event Landlord consents to Tenant's holdover in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that writing prior to the expiration or termination commencement of such holdover, Tenant shall be considered to be a month-to-month Tenant and all of the terms, covenants, and conditions of this Lease including the rent to be paid by Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required remain unchanged for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasetenancy.
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
Surrender. 20.01. Upon the expiration of the Term or any earlier termination of this the Lease, Tenant shall remove Tenant’s Property and surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean free and clear of all liens and encumbrances, lettings and occupancies, in their original good condition, except for reasonable ordinary wear and tear, tear and damage from the elements or other casualty or condemnation from causes beyond Tenant’s reasonable control excepted. Notwithstanding the foregoing, Tenant shall not be required to deliver up the Demised Premises free of the following liens, encumbrances, lettings and any changes resulting from approved Alterations; providedoccupancies:
(a) Superior Mortgages, howeverif any;
(b) Any liens or encumbrances permitted by this Lease or consented to by Landlord, that prior to including, but not limited to, Permitted Encumbrances (as defined in the Installment Sale Agreement);
(c) Any sublease or other occupancy agreement, the continuation of which beyond the expiration or sooner termination of this Lease has been consented to in writing by Landlord; If Tenant shall remove all telephone and other cabling installed in retains possession of the Building by Tenant and remove from the Demised Premises all Tenant's personal property and or any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before part thereof after the expiration or termination of the TermTerm without Landlord’s prior consent, Tenant (without prejudice to any of Landlord’s other rights and remedies) shall pay Landlord shall have an amount equal to double the right (but no obligation) to remove immediately preceding Fixed Rent for the sametime Tenant thus remains in possession, and Tenant shall pay Landlord on demand all Additional Rent for all costs such period and damages, consequential and direct, sustained by reason of removal Tenant’s retention of possession. If Tenant holds over due to the exercise of its option to purchase the Demised Premises as set forth in Article 27, the Fixed Rent shall not be doubled and storage thereof and Tenant shall not be liable for damages as long as a settlement date acceptable to Landlord has been scheduled, but rather Tenant shall pay to Landlord rent at the sane monthly rental value in effect during the last month of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred lease tern up to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to including the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasesettlement date.
Appears in 1 contract
Samples: Consent to Assignment (Bway Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such Such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time tune reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 6,1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone of its Trade Fixtures and other personal property, which personal property specifically includes all cabling installed in the Building Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remove from remain in the Premises Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsrestoration made necessary by, and repair any damage to the Premises caused by, the removal of its Trade Fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section 38. Landlord may, at its election, retain or dispose of in any manner any of Tenant's Trade Fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such removalTrade Fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Trade Fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's Trade Fixtures and personal property. If such removal is not completed before Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Base Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, Landlord shall have or the right (but no obligation) to remove amount provided by law, whichever is greater, for the same, entire time Tenant thus remains in possession and Tenant shall pay be liable for, shall indemnify Landlord on demand for against and shall hold Landlord harmless from all costs damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent in excess of removal 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and storage thereof and for (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the rental value prospective lease of part or all of the Premises for by reason of Tenant's failure to timely surrender the period from the end Premises. If Tenant, without Landlord's prior consent, remains in possession of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days Premises after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease or of Tenant's possessionLease, whichever is earliest, such possession by Tenant shall surrender all keys be deemed to the Premises or be a tenancy at sufferance terminable at any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasetime by either party.
Appears in 1 contract
Samples: Lease Agreement (Lmi Aerospace Inc)
Surrender. Upon Subtenant shall keep the Subleased Space, and every part thereof, in good order and repair and Subtenant shall surrender the Subleased Space at the expiration or earlier termination of the Term of this LeaseSublease in the same condition as when received, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable excepting only ordinary wear and teartear (this exception will not apply to any condition resulting from misuse or improper care or maintenance of the Subleased Space by Subtenant or its agents, employees, contractors or invitees), damage from or loss by casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to repairs for which Subtenant is not responsible under the expiration or termination terms of this Lease Tenant Sublease. Subtenant shall remove all telephone of the Subtenant Alterations designated by Sublandlord pursuant to Section 10.3 of this Sublease and other cabling installed in restore the Building by Tenant and remove from Subleased Space to the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant same condition as of the Term Commencement Date. If Subtenant fails to remove as provided in Section 6.1 - Tenant Improvements & Alterationsthe Subtenant Alterations and restore the Subleased Space, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord then Sublandlord shall have the right to do so, and charge Subtenant the actual costs therefor, plus a service charge of ten percent (10%) of the costs incurred by Sublandlord. Notwithstanding anything to the contrary contained herein, but no obligation) without requiring Subtenant to incur any out-of-pocket expense or vacate the Subleased Space or any portion thereof, Subtenant agrees to cooperate with Sublandlord in the event Sublandlord is obligated by Master Landlord to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from any Alterations or Cabling at the end of the Term through the end of the time reasonably required for such removalor earlier termination thereof. Landlord shall also have the right Sublandlord represents to retain or dispose of Subtenant that all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys alterations made to the Premises Subleased Space in connection with the Master Lease prior to the Effective Date have either been completed by Landlord or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasemade with Landlord’s written consent.
Appears in 1 contract
Samples: Sublease Agreement (Pine Technology Acquisition Corp.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant Improvements or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and Alterations shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord broom-clean and in their original conditionthe condition required under this Lease, except for reasonable wear and tear, damage from casualty Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises or condemnation and any changes resulting from approved Alterations; provided, however, that prior to part thereof after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in (“Holdover”), without the Building by Tenant and remove from the Premises all written consent of Landlord, Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value ’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the period from last full month immediately preceding the end of Holdover, plus all other charges payable hereunder, and upon all the Term through terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of Tenant's possessionpossession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, whichever is earliest, any Holdover by Tenant shall surrender constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all keys to the Premises or any other part of the Building and shall deliver remedies available to Landlord upon an Event of Default, and Tenant shall be liable for all keys for or make known to damages, including consequential damages, that Landlord suffers as a result of the combination Holdover.
(c) During the last ninety (90) days of locks on all safesthe Term, cabinets and vaults that may be located in if Tenant has vacated the Premises. , Landlord may decorate, remodel, repair, alter or otherwise prepare the Demised Premises for occupancy, without affecting Tenant's obligations under this Section shall survive ’s obligation to pay Rent for the expiration or termination of this LeasePremises.
Appears in 1 contract
Surrender. Upon On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other casualty excepted, together with all Improvements and Fixtures therein (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Real Property all of Tenant's possessionProperty and any personal property of persons claiming through or under Tenant, whichever is earliestand shall repair or pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. If, during the last month of the Term, Tenant shall surrender have removed all keys to or substantially all of Tenant's Property from the Premises or any other part of the Building and shall deliver subject to Tenant's consent, Landlord all keys for or make known to Landlord the combination of locks on all safesmay immediately enter and alter, cabinets renovate and vaults that may be located in redecorate the Premises, without abatement of rent or liability to Tenant, provided Landlord releases Tenant from any further liability under the Lease. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under this Section 24.1 shall survive be performed on or prior to the expiration or termination of this Leaseimmediately preceding business day.
Appears in 1 contract
Samples: Lease Agreement (Dress Barn Inc)
Surrender. Upon On the expiration last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank Wisconsin or its successors or assigns, whichever is higher. If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals 17 or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the leased Premises for to secure the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon At the expiration or termination of this LeaseLease (including any renewal or extension) or the sooner termination thereof, Tenant shall surrender the Premises to Landlord, together with all additions, alterations and all Tenant Improvements and Alterations to Landlord broom-improvements thereto, in broom clean condition and in their original condition, good order and repair except for reasonable ordinary wear and tear, damage from casualty or condemnation tear and any changes resulting from approved Alterations; providedLandlord’s maintenance obligations. Nothing herein, however, that prior shall prohibit Tenant from removing any of its computers, voice and data network components, phone system components, phone switch, TV’s and other video equipment, satellite antennae, office equipment, furniture, office supplies, storage racks, compressors, vacuum, wastewater and manufacturing equipment and other personal property (collectively “Tenant Equipment”) in accordance with the terms of this Lease. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Equipment. Any Tenant Equipment not removed by Tenant as required herein shall be deemed abandoned thirty (30) days after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or earlier termination of the TermLease, and may be stored, removed and disposed of by Landlord in its discretion, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Tenant shall have be entitled to no payment or offset for the right value of any abandoned property (but no obligationeven if sold by Landlord) to remove the same, and Tenant shall pay Landlord on demand all reasonable costs incurred by Landlord in connection with such removal or disposal. No retention, disposal or sale of such abandoned property shall limit remedies otherwise available to Landlord hereunder for all costs a breach of removal and storage thereof and for the rental value this Agreement by Tenant. All obligations of Tenant hereunder not fully performed as of the Premises for the period from the end termination or expiration of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration such termination or termination of this Leaseexpiration, until they are performed.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation condemnation, Landlord’s obligations and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. In no event shall Tenant be required to remove the Tenant Improvements or any Alterations except as provided in Section 6.1. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Mocon Inc)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either party.
Appears in 1 contract
Samples: Office Lease (Amazon Com Inc)
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to make themselves available to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion 15% of such property if costs, promptly upon Landlord’s delivery to Tenant does not pay all of an invoice therefor, and any time required by Landlord to complete such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice obligations shall be transferred to considered a period of holding over and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition the terms of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant Section 22 shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseapply.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, condemnation damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord and Tenant agree otherwise) and all other personal property installed by Tenant Improvements or its assignees or subtenants, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from such removal and Alterations shall restore the Premises to Landlord broom-clean good order and in their original condition, except for reasonable subject to ordinary wear and tear, casualty damage from casualty and condemnation damage. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or condemnation otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall reimburse Landlord all actual and reasonable expenses incurred by Landlord to cause the Premises to be in the condition required hereunder. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove any changes resulting from approved Alterations; providedTenant Improvements or Tenant Requested Optional Improvements (including, howeverwithout limitation, any roof deck).
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that prior of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. Notwithstanding the foregoing, Tenant shall not be liable for the rental value of consequential damages arising from its holdover except if Tenant holds over in the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten more than sixty (1060) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedays.
Appears in 1 contract
Samples: Lease Agreement (INSMED Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in a condition substantially similar to the condition when received by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease, and (ii) Tenant shall have removed from the Premises all personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage occurring during the Term caused by any marking, painting, drilling into or defacement of the Building or any part of the Premises, or resulting from the removal of such personal property installed by Tenant or its assignees or subtenants, and Tenant shall restore the Property to good order and condition, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Txxxxx does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord the commercially reasonable costs incurred by Landlord in restoring the Premises to such condition.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant shall surrender Txxxxx’s occupancy of the Premises and all Tenant Improvements and Alterations shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to Landlord broom-clean and in their original conditionthe provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for reasonable wear of any holdover period shall be equal to the sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdover and tear, damage from casualty (ii) Tenant’s Share of Operating Expenses for such month. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected operate to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through the end or prevent Landlord from immediate recovery of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose possession of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Section shall survive Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all legal and equitable remedies available to Landlord in the expiration or termination event of this Leasea Tenant default.
Appears in 1 contract
Samples: Lease Agreement (Savara Inc)
Surrender. Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations (including the Affixed Equipment) to Landlord broom-clean and the District in their original conditionthe condition that existed on the Commencement Date, except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterationstear excepted; provided, however, that prior Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from such removal. Upon surrender of possession of the Premises and use of the Property, at the request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and restore the Premises to the condition existing upon the Commencement Date. If Tenant fails to surrender the Premises or fails to restore the Premises upon expiration or termination of this Lease Lease, Tenant shall remove all telephone and other cabling installed be in breach of this Lease. Notwithstanding anything to the Building by contrary contained in this Lease, if Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided continues in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value possession of the Premises for following the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) date that is 15 days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and without notice, to an amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, defend, protect and hold harmless all District Indemnified Parties from and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s continued possession of the Premises. Notwithstanding anything in this Lease to the contrary, the foregoing increased rent shall be the District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of the Term; provided, however, that the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the Premises at the end of the Term or upon earlier termination of this Lease by any legal means including, without limitation, by bringing an action for unlawful detainer.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon Sublessee shall, upon the termination of this Sublease and in accordance with all of the terms of this Sublease and the Lease, vacate and surrender the Premises to Sublessor in the condition required pursuant to the Lease. Sublessee acknowledges that Sublessee shall be solely responsible for any and all restoration obligations with respect to the Premises imposed upon Sublessor as tenant under the Lease. Sublessee’s obligation to observe or perform this covenant shall survive the Expiration Date or such other date of earlier termination of this Sublease. Any personal property owned by Sublessee, if any, which shall remain on the Premises after the expiration or early termination of this Lease, Tenant shall surrender Sublease and the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination removal of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove Sublessee from the Premises all Tenant's may, at the option of Sublessor, be deemed to have been abandoned by Sublessee, In such event, Sublessor shall have the right to either retain such personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant as its sole property or to remove and dispose of such personal property without accountability at the expense of Sublessee, as provided in Section 6.1 - Tenant Improvements & Alterations, and Sublessor sees fit. If Sublessee fails to remove any property or restore the Premises as required hereunder or to repair any damage caused by any such removalremoval and/or restoration . required hereunder, then Sublessor may so remove, restore, or repair the same and Sublessee shall reimburse Sublessor for all reasonable and necessary costs Sublessor incurs therefrom. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for are not surrendered upon the period from the end Expiration Date or such other date of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease Sublease in accordance with the terms hereof, Sublessee shall and does hereby indemnify and hold Sublessor harmless from any claims or demands which may arise out of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part Sublessee’s continued occupancy of the Building Premises, including all direct damages of Sublessor (including all sums Sublessor is required to pay under the terms of the Lease) and shall deliver any liability accruing to Landlord Lessor under the Lease and all keys for or make known to Landlord the combination attorney’s fees and costs associated with recovering possession of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, fixtures, equipment, wiring and cabling, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. Within ten (10) days after Landlord’s receipt of written request from Tenant, made not more than thirty-five (35) days prior to the expiration or earlier termination of this Lease, Landlord and Tenant will conduct a walk-through inspection of the Premises and all then Landlord will provide Tenant Improvements with a comprehensive list of any restorations or repairs that Landlord requests Tenant to complete prior to the expiration or earlier termination of this Lease. Tenant shall not be obligated to make restorations or repairs not included in such list or otherwise not the obligation of Tenant pursuant to the express terms and conditions of this Lease, excepting: (i) damage to the Premises caused by Tenant’s or its Agents’ removal of Alterations or of its furniture, fixtures, equipment, wiring and cabling or any other personal property installed by Tenant or its assignees or subtenants; (ii) damage caused after the date of such list; and (iii) any damage or defect caused by Tenant or its Agents to Landlord broomany structural portion of the Premises or any Building System that was not visibly observable during the walk-clean and in their original conditionthrough because such item was located above the ceiling, except for reasonable wear and tear, damage from casualty below the floor or condemnation and any changes resulting from approved Alterations; within the walls (provided, however, that prior Tenant’s obligations pursuant to this subsection (iii) shall only survive the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination for a period of the Term, Landlord shall have the right two (but no obligation2) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive years following the expiration or termination of this Lease). Notwithstanding the foregoing, in no event shall Tenant be relieved from any of Tenant’s continuing obligations pursuant to Section 10(d) of this Lease.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for each of the first and second months of any holdover period shall be 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, the Monthly Rent for each of the third and fourth months of any holdover period shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and the Monthly Rent for every month of the holdover period thereafter shall be 200% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. In the event Tenant’s renewal option set forth below has lapsed and any person or entity desires to lease any portion of the Premises after the Expiration Date and submits to Landlord a letter of intent or comparable proposal in connection therewith which Landlord desires to accept, Landlord shall endeavor to notify Tenant of the same (but Landlord shall not be obligated to provide Tenant with a copy of, or the contents of, such letter of intent or comparable proposal and this sentence shall not be deemed to grant Tenant any type of right of first offer or right of first refusal or the like). Landlord shall advise Tenant in writing promptly after Landlord enters into a lease providing for occupancy of any portion of the Premises by a tenant after the Expiration Date (“Landlord’s New Lease Notice”). Notwithstanding anything to the contrary herein contained, Tenant shall not be liable for any consequential damages as a result of a holdover unless such holdover continues for a period of more than 30 days after Tenant’s receipt of Landlord’s New Lease Notice. (For example, (i) if Tenant receives Landlord’s New Lease Notice 30 or more days prior to the Expiration Date, then Tenant will be liable for consequential damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives Landlord’s New Lease Notice 15 days prior to the Expiration Date, then Tenant will be liable for consequential damages as a result of the holdover only if it holds over for more than 15 days after the Expiration Date).
Appears in 1 contract
Samples: Lease Agreement (Zulily, Inc.)
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, to Landlord in good and broom-clean condition and repair, reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, following the expiration or termination of this Lease, Tenant shall surrender remain in the Premises and all Tenant Improvements and Alterations to as Landlord’s property unless Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such property if Tenant does not pay all such costs and retrieve the property within ten Additions (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the expiration of the Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal’s retention or disposal of same. Moreover, storageany period following the termination or expiration of this Lease during which there is Hazardous Material, retentionTenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be entitled to no payment or disposition offset for the value of any such propertyproperty (even if sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. Upon expiration No retention, disposal or termination sale or such items shall limit remedies otherwise available to Landlord hereunder for a breach by Tenant. All obligations of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part hereunder not fully performed as of the Building and shall deliver to Landlord all keys for termination or make known to Landlord expiration of the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section Lease shall survive the expiration such termination or termination of this Leaseexpiration.
Appears in 1 contract
Samples: Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be equal to 125% of the Monthly Rent payable for reasonable wear and tearthe last full month immediately preceding the holdover for the first two months, damage from casualty then 150% thereafter. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 1 contract
Samples: Lease Agreement (Jagged Peak, Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Hemacare Corp /Ca/)
Surrender. Upon 2.2.1 On or before the expiration or termination of this LeaseTermination Date, Tenant shall peaceably and quietly leave the Premises and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-with all of the improvements, parts and surfaces thereof clean and free of debris, and in their original conditionthe condition required under the Lease, except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease tear excepted. Tenant shall not remove all telephone and any demising walls or other cabling installed in improvements made by Tenant during the Building Term of the Lease. Any personal property of Tenant not removed on or before the Termination Date shall be deemed to have been abandoned by Tenant and remove from may be disposed of or retained by Landlord at Landlord’s discretion. Tenant shall return all keys for the building, common areas and mailbox to Landlord and shall cause to be cancelled any security and/or alarm systems. Subject to the agreements, representations, warranties and indemnities contained in this Agreement, Landlord agrees to accept the surrender of the Lease and the Premises from and after the Termination Date and, effective as of the Termination Date, forever releases and discharges Tenant from all obligations to be observed and performed by Tenant under the Lease after the Termination Date, provided that Tenant has satisfied, performed and fulfilled all of the agreements set forth in this Agreement.
2.2.2 The failure by Tenant to timely vacate the Premises pursuant to this Agreement without the express written consent of Landlord shall constitute a material breach of this Agreement and the Lease. In the event Tenant materially breaches its obligations under this Agreement or the Lease prior to vacating the Premises, Tenant shall be liable for the full amount of the Rent and other charges due under the Lease, and all other losses, costs, damages, and expenses incurred by Landlord to the extent resulting from such breach. Provided that Tenant performs all its obligations under this Agreement, Tenant shall not be liable for Rent, Base Rent, Additional Rent, or any other monetary or nonmonetary obligations under the Lease after the Termination Date, and Landlord acknowledges all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided ’s payment obligations through the Termination Date will have been paid in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samefull, and Tenant shall pay Landlord on demand be liable only for all costs of removal and storage thereof and for those covenants under the rental value of the Premises for the period from Lease that expressly survive the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right Lease and relate to retain or dispose of all or any portion of such property if Tenant does not pay all such costs facts and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys circumstances occurring prior to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseTermination Date.
Appears in 1 contract
Samples: Lease Termination Agreement (Guardion Health Sciences, Inc.)
Surrender. Upon the expiration or other termination of the term, Tenant shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear and tear and damage by casualty which Tenant is not specifically obligated to restore hereunder excepted. Tenant shall remove all property of Tenant. Any property left on the Demised Premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant shall surrender or otherwise disposed of by Landlord in the Premises manner provided by law. Tenant expressly releases Landlord of and from any and all claims and liability for damage to or destruction or loss of property left by Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to upon the Demised Premises at the expiration or other termination of this Lease Lease, and Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and hereby indemnifies Landlord against any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, claims and repair any damage caused by such removalliability with respect thereto. If Tenant holds over after, the term with the express consent of Landlord, such removal is tenancy shall be from month to month only and shall not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samebe a renewal hereof, and Tenant shall pay Landlord on demand for the rent and all costs the other charges at the same rate as herein provided and also comply with all of removal the terms, covenants, conditions, provisions and storage thereof and agreements of this Lease for the rental value time during which Tenant holds over. If Tenant holds over after the term without the consent of Landlord and shall fail to vacate the Demised Premises for after the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease for any cause or of after Tenant's possessionright to occupy same ceases, whichever is earliestthereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease Tenant shall surrender all keys be liable to Landlord for the Premises or any other part use and occupancy of the Building Demised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, and shall deliver to Landlord all keys the other charges as provided in this Lease for or make known to Landlord the combination last month of locks on all safes, cabinets and vaults that may be located in the Premisesterm. Tenant's obligations under obligation to observe or perform all of the terms, covenants, conditions, provisions and agreements of this Section Article 21 shall survive the expiration or other termination of this Lease.
Appears in 1 contract
Samples: Lease (Kabira Technologies Inc)
Surrender. Upon Section 21.01. On the expiration Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all material damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent within ten days of demand.
Section 21.02. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day,k then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
Section 21.03. If the Premises are not surrendered upon the termination of this Lease, Tenant shall surrender hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Premises, including any claims made by any 36 37 succeeding tenant or prospective tenant founded upon such delay.
Section 21.04. In the event Tenant remains in possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to after the expiration or termination of this Lease Tenant without the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property as a tenant from month to month, at a monthly rental equal to one and any Trade Fixtures one-half times the Fixed Rent and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before Additional Rent payable during the expiration or termination last month of the Term, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination other terms of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys insofar as the same are applicable to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premisesa month-to-month tenancy.
Section 21.05. Tenant's obligations obligation under this Section Article shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Russian Wireless Telephone Co Inc)
Surrender. Upon the expiration Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant shall surrender including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, alterations (except for any Alterations or improvements installed at the Subleased Premises prior to the Commencement Date), additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture, reasonable wear and tear, damage caused by casualty, repairs required as a result of condemnation, and repairs that are the responsibility of Prime Landlord or Sublandlord excepted; for clarity, Subtenant’s surrender obligations shall not include any obligation to remove or restore any Alteration or improvement which existed as of the Effective Date. Without limiting the foregoing, Subtenant shall remove from casualty or condemnation the Subleased Premises all of its personal property, furniture, furnishings, and any changes equipment, and shall repair all damage resulting from approved Alterations; provided, however, that such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone Sublease, then Sublandlord, at Subtenant’s sole cost and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove costs and expenses incurred by Sublandlord (whether directly or as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligationa pass-through) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of cause such property if Tenant does not pay to be removed and repairs and restorations made, together with any and all such costs damages which Sublandlord actually suffers and retrieve the property within ten (10) days after notice from Landlord (sustains by reason of Subtenant’s failure to perform its obligations set forth in which event title this Section, plus [***] administration fee. Subtenant’s obligations to all such property described in Landlord's notice shall be transferred to perform and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of observe this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section covenant shall survive the expiration or earlier termination of this LeaseSublease.
Appears in 1 contract
Surrender. Upon the expiration or sooner termination of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall thereupon surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as on the Commencement Date, except for reasonable wear and teartear excepted. If Tenant has not fully and faithfully performed all of the terms, damage from casualty or condemnation conditions and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination covenants of this Lease to be performed by Tenant, Tenant shall never-theless remove all telephone and other cabling installed in the Building by Tenant and remove Tenant's Property from the Premises all in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove Property as provided in Section 6.1 - Tenant Improvements & Alterationsherein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and repair Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removalremoval or otherwise. If such removal the Premises is not completed before surrendered at the expiration or termination end of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay indemnify Landlord on demand for against all costs of removal and storage thereof and for the rental value of loss or liability resulting from delay by Tenant in so surrendering the Premises for the period from the end of the Term through the end of the time reasonably required for including, without limitation, any claims made by any succeeding tenant due to such removaldelay. Landlord shall also have the right Tenant agrees not to retain commit or dispose of all or allow waste to be committed on any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon At the expiration or termination of this Leasethe tenancy hereby created, Tenant Subtenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and leased premises in their original conditionthe same condition that the leased premises were in upon delivery of possession thereof under this Sublease, except for reasonable wear and tear, loss or damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationscasualty, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termpermitted alterations excepted, Landlord shall have the right (but no obligation) to remove the sameat -its expense clean-up said leased premises, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys for the leased premises to Sublessor. Subtenant shall, at such time, remove all its personal property, equipment and trade fixtures and shall repair any damage to the Premises leased premises caused thereby, and any or any other part all such property not so removed shall, at Sublessor's option, become the exclusive property of Sublessor or be disposed of by Sublessor without further notice to or demand upon Subtenant. If Subtenant holds over in possession of the Building and shall deliver to Landlord all keys for or make known to Landlord leased premises after the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseSublease, however such termination may be brought about, Subtenant shall pay rent for the entire holdover period at double the monthly rental as provided herein, and shall pay all damages incurred by Sublessor and all reasonable attorneys' fees and expenses incurred by Sublessor in enforcing Sublessor's rights hereunder if Sublessor must enforce such rights. No holding over by Subtenant after the termination of this Sublease shall operate to extend this Sublease other than as a tenancy at will. Termination at the expiration of this term shall be without the necessity of any notice from either Sublessor or Subtenant and Subtenant hereby waives notice to vacate the premises and agrees that Sublessor shall be entitled to the benefit of all provisions of law respecting the summary recqvery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given.
Appears in 1 contract
Samples: Sublease (Comsouth Bankshares Inc)
Surrender. Upon Tenant shall, at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Section 9. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for an additional month to month at one hundred-fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of the Lease for the first month of such period and thereafter at two hundred percent (200%) of the sum of Rent as those sums are at that time calculated under the provision of the Lease. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises indemnify, defend and hold harmless Landlord from all Tenant Improvements costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and Alterations to Landlord broom-clean real estate brokers’ claims and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalattorneys’ fees. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from At the end of the Term through the end or sooner termination of Tenant’s right to possession of the time reasonably required Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred period up to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon including the expiration or earlier termination of this Lease or Lease, and the provisions of Tenant's possessionthis Section, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Inovio Pharmaceuticals, Inc.)
Surrender. Upon expiration of this Lease or sooner termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition, ordinary wear and tear, and damage by casualty and/or condemnation (other than repairs and restoration required of Tenant as a result of such casualty or condemnation under Sections 15 and/or 16 above, if applicable) excepted, and subject to Section 15 above. If Landlord, in accordance with the following terms of this Section 18, requires Tenant to remove any of Tenant's Work made under the Workletter or any alterations pursuant to Section 12, then, in each case, such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such Tenant's Work or alterations (as the case may be). If Tenant does not remove such Tenant's Work or alterations upon expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or within thirty (30) days after sooner termination of the TermTerm or Tenant's right to possession of the Premises, then, without limiting any other rights or remedies available to Landlord, Landlord shall have the right (but no obligation) to may remove the samesame and restore the Premises, and Tenant shall pay Landlord on demand for all costs the reasonable cost of such removal and storage thereof restoration to Landlord upon demand (with it being further understood and for agreed that any such period following the rental value expiration of this Lease or sooner termination of the Term or Tenant's right to possession of the Premises when such removal and restoration obligations of Tenant are not fully performed shall be deemed a holding over under this Lease, subject to the terms of Section 20 hereof with respect thereto). Notwithstanding the foregoing, as part of Landlord's approval of the plans and specifications for the period from Tenant's Work or any alterations hereunder, Landlord shall notify Tenant of any such item or items described in this paragraph which Landlord will require Tenant to remove at the end of the Term through the end (or Tenant's right to possession of the time reasonably required Premises) hereunder (which removal requirement shall only be imposed by Landlord if Landlord, in good faith, determines that such item or items (i) would not be customary for office usage at Comparable Buildings in the Submarket or (ii) are of a specialized or extraordinary nature which are excessively costly or hazardous to remove, such removalas, for example under this subclause (ii), safes, vaults, raised floors, internal stairwells, high-density filing systems, full service kitchens, supplemental fire suppression systems, or supplemental HVAC systems). Landlord Notwithstanding the foregoing or anything herein to the contrary, in no event shall also Tenant have the right or obligation, at any time, to retain or dispose of all remove any Landlord Work installed hereunder or any portion core and shell components at the Premises (all of such which shall remain at the Premises and be deemed Landlord's property, both during the Term and as of the expiration or earlier termination of the Term or of Tenant's right to possession hereunder). Without limitation of the foregoing, it is understood and agreed that Tenant shall remove its non-affixed furniture, equipment, trade fixtures, all cabling and wiring which it installed, and all other items of non affixed personal property if from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. If Tenant does not pay all remove such costs and retrieve items prior to the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or within thirty (30) days after sooner termination of the Term or Tenant's possession, whichever is earliestright to possession of the Premises, Tenant shall surrender all keys be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant, or at Landlord's sole option and without limiting any other rights or remedies available to Landlord, such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be Landlord's actual cost of removal without obligation to compensate Tenant therefor (with it being further understood and agreed that any such period following the expiration of this Lease or sooner termination of the Term or Tenant's right to possession of the Premises when such removal obligations of Tenant are not fully performed shall be deemed a holding over under this Lease, subject to the Premises or any other part terms of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease20 hereof with respect thereto).
Appears in 1 contract
Samples: Office Lease (Vivid Seats Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease (a) if Landlord removes the telephone and other cabling installed in the Premises by the prior tenant, Tenant shall remove all telephone and other cabling installed in the Building by Tenant, (b) Tenant and shall remove from the Premises all of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and (c) Tenant shall repair any damage caused by such removalremoval of the items in clauses (a) and (b). If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all Tenant Improvements improvements and Alterations to Landlord broom-clean and (except as provided below) in their original good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, of Tenant’s Property and repair any damage caused by such removaltrade fixtures. If such removal is not completed before at the expiration or other termination of the Termthis Lease, Landlord shall have the right (but no obligation) to may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the samesame at Tenant’s expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and walls, and but Tenant shall pay not be required to re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord on demand for all costs may do so at Tenant’s expense. The removal of removal and storage thereof and for the rental value of Alterations from the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)governed by Paragraph 9 above. Tenant waives all Claims against Landlord for any damage Tenant’s obligations under this paragraph shall survive the expiration or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition other termination of any such propertythis Lease. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall remove all Tenant’s personal property, furniture, trade fixtures and equipment (“Tenant’s Property”) from the Demised Premises and shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-Landlord, broom clean and in their original conditiongood order, except for reasonable condition and repair, ordinary wear and tear, damage from casualty or condemnation and tear excepted. If Tenant fails to remove any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove Tenant’s Property from the Demised Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right within five (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (105) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, then Landlord shall be entitled (but not obligated) to remove and store Tenant’s Property at Tenant’s sole cost and expense. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Property to be abandoned, and title to Tenant’s Property shall be deemed to be immediately vested in Landlord. No act or thing done by Landlord or Landlord’s agents or employees during the term hereof shall be deemed a surrender of the Demised Premises, save and except an agreement to accept such surrender in writing and signed by Landlord. If Tenant fails to surrender the Premises at the expiration or earlier termination of this Lease, occupancy after the termination or expiration shall be that of a tenancy from month-to-month. Tenant’ s occupancy of the Premises during the holder shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis) equal to one hundred fifty percent (150%) of the rental amount due during the month of expiration or termination. Tenant and Landlord agree that failure of the other party to insist upon strict observance of any of the terms or conditions hereof at any time shall not be deemed a waiver of its right to insist on strict observance thereafter.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten thirty (1030) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Mediaplex Inc)
Surrender. Upon On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other insured casualty excepted, together with all Existing Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Building (a) all of Tenant's possessionProperty, whichever is earliest(b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (c) any personal property of Tenant or persons claiming through or under Tenant, and shall surrender repair or pay the cost of repairing all keys damage to the Premises and the Building occasioned by such removal. Any Tenant's Property or any other part personal property which shall remain in the Premises after the Expiration Date or after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expeises of the Building sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall deliver be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord all keys for or make known to Landlord the combination by Tenant as Additional Rent on demand. The obligations of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations Tenant under this Section SECTION 21.01 shall survive the expiration or sooner termination of this the Lease.
Appears in 1 contract
Samples: Lease Agreement (Magnetek Inc)
Surrender. Upon the expiration or ‐ Tenant will, upon termination of this Lease, Tenant shall surrender the Premises premises and all Tenant Improvements fixtures and Alterations to equipment of the Landlord broom-clean therein in good, clean, and in their original operating condition, except for reasonable ordinary wear and teartear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Tenant. Tenant shall, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to at time of vacating the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant premises:
a. Clean said premises and remove trash from the Premises all premises.
b. If the premises is rented with wall-‐to-‐wall carpet or rugs, then Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before at the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, will shampoo and clean said rug or carpet prior to vacating the premises.
c. Upon vacating the premises, Tenant shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-‐four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.
d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Tenant agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains.
e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy.
f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and shall, at Landlord's option, become Landlord's property and Landlord may dispose of it without liability. Any of the above items not completed by Tenant will be completed by Landlord, and Tenant will be charged accordingly.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon No later than upon the expiration or earlier termination of the Term or Tenant's right to possession of the Premises, Tenant shall vacate and surrender the Premises to Landlord in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and if Tenant does not vacate as required such failure shall be deemed an Event of Default and Tenant's occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration or earlier termination of the Term the amount of Rent owed by Tenant. a Landlord shall be one hundred fifty percent (150%) of the Rent that would otherwise be due under this Lease, without prorating for any partial month of holdover. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys' fees, incurred by Landlord as a result of such holdover. The provisions of this section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. In addition, if Tenant fails to vacate and surrender the Premises as herein required, Tenant shall indemnify, defend and hold harmless Landlord from all costs, losses, expenses or liabilities incurred as a result of such failure, including without limitation, claims made by any succeeding tenant and real estate brokers' claims and reasonable attorneys' fees. At the end of the Term or sooner termination of Tenant's right to possession of the Premises, Tenant shall, at Landlord's option, remove all furniture, movable trade fixtures and equipment (including telephone security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, Tenant shall surrender and the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to provisions of this Article 19. sha11survive the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements tenant improvements and Alterations to Landlord broom-and such shall be returned clean and in their original conditioncondition as of the Commencement Date of this Lease, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Lease, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all Alterations that cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, for removal and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and all Tenant Improvements and Alterations security codes, to Landlord broom-clean broom clean, in as good a condition as when received, and in their original conditionthe condition described on Exhibit H attached hereto, except for ordinary wear and tear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed "reasonable wear and tear”. If Tenant fails to remove any of Tenant’s Property, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to restore the Premises to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsrequired condition, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) 2 days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's possession, whichever is earliest, ’s Property. Tenant shall surrender all keys pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any other part of the Building and Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall deliver to vest in Landlord all keys for or make known to Landlord the combination may dispose of locks on all safes, cabinets and vaults that may be located Tenant’s Property in the Premisesany manner Landlord deems appropriate. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Surrender. Upon the expiration or termination of this Lease, Tenant whether by reason of lapse of time, forfeiture or otherwise, Xxxxxx shall immediately surrender possession of the Premises and all Tenant Improvements fixtures and Alterations improvements then on the same to Landlord broom-clean in good order, condition and in their original conditionrepair, except for reasonable ordinary wear and teartear and loss by insured casualty with effective waiver of subrogation excepted, damage from casualty and all fixtures and improvements on the Premises shall, at Landlord’s option, become the property of Landlord without any obligation on the part of Landlord to compensate Tenant therefor. If possession is not immediately surrendered, Landlord, with or condemnation without process of law, may re-enter the Premises and repossess the same or any part thereof and expel and remove therefrom, using all legal means, all persons and property without being deemed guilty of any unlawful act or liable for damages by reason of such re-entry for forfeiture and without prejudice to any other legal remedy available to Landlord. Notwithstanding such re-entry by Landlord or any termination or forfeiture under this Lease, the liability of Tenant for the Rent provided for herein shall continue for the balance of the Term. Tenant will pay, in addition to the Rent and other sums agreed to be paid hereunder, actual reasonable attorneys' fees for enforcing the provisions of this Lease and collecting the Rent due Landlord hereunder, whether or not suit is commenced. Except as expressly provided herein, all alterations, improvements, additions, changes resulting from approved Alterationsor repairs shall be provided by and paid for by Tenant at its sole expense, but shall become the property of Landlord and shall be surrendered with the Premises upon termination of this Lease; provided, however, that prior Landlord may, by written notice to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - 27 of this Lease, require Tenant, at Tenant's sole cost and expense, to remove any or all improvements, alterations, additions or fixtures installed or made by Tenant Improvements & Alterations, on or to the Premises and to repair any damage damages to the Premises caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean Landlord, broom clean, and in their original conditionthe same order, except for reasonable condition and repair as when received, ordinary wear and tear, casualty and damage from casualty or condemnation caused by Landlord excepted. Notwithstanding the foregoing, Landlord may , in Landlord’s sole discretion and any changes resulting from approved Alterations; providedat no cost to Landlord, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided leave any Special Installations or other Tenant Alterations in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalthe Premises. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations or other Tenant Alterations which Landlord has designated to remain in the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property Premises) within ten two (102) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or the termination of this Lease or of Tenant's ’s right to possession, whichever is earliestLandlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall surrender all keys pay Land lord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may deem all or any other part of the Building Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Materials) shall deliver be deemed to be immediately vested in Landlord. Except for Special Installations or other Tenant Alterations designated by Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date. Tenant shall repair damage caused by the installation or removal of Tenant's obligations under this Section shall survive ’s Removable Property. Notwithstanding the foregoing, if at the time Tenant requests the consent of Landlord to install Special Installations or other Tenant Alterations, Tenant requests Landlord to notify it whether such Special Installations or Tenant Alterations must be removed upon the expiration or termination of this Lease.earlier -32-
Appears in 1 contract
Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, “Tenant HazMat Operations”) and in their original conditionreleased of all Hazardous Materials Clearances, except for reasonable broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, damage from casualty the Project, restrooms or condemnation all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any changes damages resulting from approved Alterations; provided, however, that prior to Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have including the right (but no obligation) to remove the sameobligations of Tenant under Section 30 hereof, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Leasethe Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises.
Appears in 1 contract