Surrender. (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 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 to Landlord in 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, 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 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.
Appears in 4 contracts
Samples: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. (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 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 Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 4 contracts
Samples: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)
Surrender. (a) On 17.1 Tenant shall, on the date on which this Lease expires last day of the Term, or terminatesupon the sooner termination of the 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 return 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 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. 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 in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior 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 remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furniturePremises after the expiration or sooner termination of the term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring and cabling a sum equal to one hundred-fifty percent (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. 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 Nothing herein contained 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 to permit Tenant to 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.
(b) If Tenant remains in possession of the Premises after the expiration or sooner termination of the term 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 the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the term of the Lease, such holding over shall operate not be deemed to extend the Term term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to at the contrary notwithstanding, any holdover by Tenant Rent as herein increased. This provision shall constitute a default on survive the part expiration or earlier termination 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 holdoverLease.
Appears in 3 contracts
Samples: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. (a) On the last day of the Term, or on the sooner termination thereof, Tenant will peaceably surrender the Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the 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 on which of sooner termination thereof, Tenant may, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises and repair all damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease expires 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 terminatesloss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant shall return possession 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 trade fixtures and equipment, which 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 will promptly surrender all keys for 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 at the expiration or termination of this Lease, Tenant shall 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 to Landlord in 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, 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 place then fixed 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 Rent and will inform Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingcombinations on any vaults, any holdover by Tenant shall constitute a default locks and safes left 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 holdoverPremises.
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. (a) On Tenant shall, at the date on which expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, such 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 in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that Tenant is not required to remedy time calculated under this the provisions of the Lease. Prior 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 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 sooner termination of this Lease, the Term shall not create any tenancy rights in Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed any such payments by Tenant or may be applied by Landlord against its assignees or subtenants. Tenant shall repair any damage resulting from such removal costs 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 to Landlord in 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, 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 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 damagesexpenses, including consequential damagesattorney’s fees, that incurred by Landlord suffers as a result of the such holdover.
Appears in 3 contracts
Samples: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings 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 Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be 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 good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon 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 Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, 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, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (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 indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 3 contracts
Samples: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant Improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, 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 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 Landlords' costs for storing, removing 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, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior 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 damages resulting from Tenant's failure to timely surrender the Property Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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 all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at 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 last full month immediately preceding the holdover. No holdover or payment time 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 holdovereither parry.
Appears in 3 contracts
Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires or terminatespurchase option as set forth in Paragraph 27 hereof, Tenant shall return possession upon the expiration of the Premises Initial Term, or any renewal term, or upon demand by Lessor made pursuant 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 Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall remove from return all, but not less than all, of the Property all furnitureEquipment by delivering it to such place or on board such carrier, trade fixturespacked for shipping, equipmentas Lessor may specify. Lessee agrees that the Equipment, wiring when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and cabling (unless Landlord directs Tenant otherwise)tear excepted, and all other personal property installed in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Tenant Lessor as set forth above. If any items of Equipment are missing or its assignees damaged when returned, such occurrence shall be treated as an event of Loss or subtenants. Tenant shall repair any damage resulting from Damage with respect to such removal missing or damaged items 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 to Landlord in 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, 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 terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent shall Equipment will be double the Monthly Rent payable eligible for the last full month immediately preceding Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the holdoverEquipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. No holdover or payment by Tenant after Should Lessee fail to comply with the provisions described above covering surrender, upon expiration or termination of the Initial Term, the term of this Lease shall operate to extend be automatically extended for a term of 3 months. Thereafter, the Term or prevent Landlord from immediate recovery term of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease will be extended for subsequent full month periods, on a month to the contrary notwithstandingmonth basis, any holdover by Tenant shall constitute a default on the part until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of Tenant all Lessee's obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure (including payment of all periodic rental payments due during such 90 day period, all as provided in Paragraph 9 of this Lease). At any time after the expiration of the remedies available Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right 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 holdoverterminate this Lease by 30 days written notice to Lessee.
Appears in 3 contracts
Samples: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, 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 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 costs for storing, removing 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, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior 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 damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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 all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at 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 last full month immediately preceding the holdover. No holdover or payment time 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 holdovereither party.
Appears in 3 contracts
Samples: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. (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 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 Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 3 contracts
Samples: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditionthe 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 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 the same condition as delivered to Tenant, normal wear and conditiontear 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 to Landlord in 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, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly monthly installment of Minimum Annual Rent shall be double (i) 125% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover 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 (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. 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. 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 all or part of the Premises after the Term.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. (a) On Tenant agrees that on the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good conditionTerm, 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 on the expiration or sooner termination of this Lease, Tenant shall remove from surrender the Property all furniturepremises to Landlord (a) in good condition and repair (damage by acts of God, trade fixturesfire, equipment, wiring and cabling (unless Landlord directs Tenant otherwisenormal wear and tear excepted), and all other personal property installed (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its assignees obligations under this Lease. On or subtenants. before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage resulting from caused by such removal and removal. Notwithstanding the foregoing, Landlord shall restore notify Tenant, at the Property to good order and conditiontime of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s personal property Property not so removed by Tenant as required herein shall be deemed abandonedabandoned and may be stored, removed, and Landlord, disposed of by Landlord at Tenant’s expense, may remove, store, sell or otherwise dispose and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain 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 as the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferproperty of Landlord.
(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 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.
Appears in 2 contracts
Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)
Surrender. (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 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 Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease (unless Landlord directs Tenant otherwiseexcept as expressly provided for otherwise in Section 6.1), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 2 contracts
Samples: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Surrender. (a) On 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 on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to the expiration indemnify Landlord against and save Landlord harmless from all costs, claims, loss or termination of this Lease, Tenant shall remove liability excluding consequential damages) resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed 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 its assignees or subtenantsdelay. Tenant shall repair any The parties recognize and agree that the damage to Landlord resulting from such removal and shall restore the Property any failure by Tenant 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 timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in upon the condition required under this Leaseexpiration or sooner termination of the Term, then Tenant shall pay Landlord 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 resulting damages Landlord may suffer.
material factors reasonably relevant to such determination, or one and one-half (b1 1/2) If 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 remains in to retain possession of the Premises after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willTerm. 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 last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the Term, such holding over shall operate not be deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or statute in effect in the state where the Premises by summary proceedings is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination 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 holdoverLease.
Appears in 2 contracts
Samples: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesearlier termination of the Term, Tenant shall return possession of surrender the Premises to Landlord in good conditionits condition existing as of the Delivery Date, except for ordinary normal wear and tear, and except for casualty damage fire or other conditions casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that Tenant is not required to remedy are Landlord's responsibility under this Lease. Prior , excepted, with all interior walls repaired and repainted if damaged, all carpets and floors cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, and the HVAC equipment serviced and repaired by a reputable and licensed service firm, all to the expiration reasonable satisfaction of Landlord. Tenant shall remove from the Premises any alterations, additions or improvements required to be removed pursuant to Paragraph 11, and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such alterations, additions or improvements and/or Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations, additions or improvements and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord: If the Premises are not so surrendered at the termination of this Lease, Tenant shall remove indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant or its assignees or subtenantsin so surrendering the Premises. Tenant shall repair any damage resulting from such removal Normal wear and shall restore tear, for 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 to Landlord in 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 purposes 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 construed to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 mean wear and tear caused to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision a natural aging process which occurs in this Lease spite of prudent application of the best standards for maintenance, repair and janitorial practices to the contrary notwithstanding, any holdover by Tenant shall constitute a default on extent the part of Tenant same are Tenant’s obligations under this Lease entitling Landlord lease. It is not intended, nor shall it be construed, to exercise, without obligation include items of neglected or deferred maintenance which would have or should have been attended to provide Tenant any notice or cure period, all during the Term of the remedies available Lease if the best standards had been applied to Landlord properly maintain and keep the Premises at all times in good condition and repair. In the event of a Tenant defaultsurrender of this lease, and Tenant Landlord shall be liable for have the option of terminating all damages, including consequential damages, that Landlord suffers existing subleases or accepting any sublease(s) as a result of the holdoverdirect lease or leases.
Appears in 2 contracts
Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical 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 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 (asubject to the provisions of Article 7) On 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 on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises Property must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the Term of this Lease. Prior 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 remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furnitureafter the expiration or sooner termination of the Term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring one hundred fifty percent (150%) of the Fixed Rent and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsAdditional Rent which was payable under this Lease with respect to the last month of the Term hereof. 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 Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell to permit Tenant to retain possession of the Property after the expiration or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Term of this Lease. 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.
(b) If Tenant remains holds over in possession of the Premises after the expiration or termination of this the Term of the Lease, Tenant’s occupancy of the Premises such holding over shall not 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the Premises by summary proceedings state where the Property is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination 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 holdoverLease.
Appears in 2 contracts
Samples: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession 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 Premises 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 in good condition, except at the place then fixed for ordinary wear the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior 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 expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, 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, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to 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 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 shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good conditionLease Term, 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 upon the expiration or earlier termination of this Lease, Tenant shall remove from vacate and surrender 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 Leased Premises to Landlord in first class condition and repair and in full compliance with the maintenance, repair and replacement provisions of this Lease. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this 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, prior to the expiration or sooner termination of this Lease, remove any Alterations which Tenant is required under to remove pursuant to Section 11 and repair all damage caused by such removal. If the Leased Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall pay be liable to Landlord for all resulting damages costs incurred by Landlord may suffer.
(b) If Tenant remains in possession of conforming the Leased 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)required condition, except that plus interest on all such costs at the Monthly Rent Default Rate. Tenant shall be double indemnify Landlord against loss or liability to the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment extent resulting from delay by Tenant after in so surrendering the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Leased Premises, including, without limitation, any claims made by summary proceedings or otherwise. Any provision in this Lease any succeeding tenant to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord extent related 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 holdoversuch delay.
Appears in 2 contracts
Samples: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. (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 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 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 to Landlord in 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, 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 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.
Appears in 2 contracts
Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. (a) On Except as otherwise provided in Section 2(c) or 14(b), upon the date expiration or other termination of the Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord the Premises, vacant, broom-clean, and (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 this Lease expires or terminatesLandlord is obligated to repair hereunder excepted, and shall surrender possession of the Leased Equipment to Landlord in substantially the same order and repair as on the Commencement Date, reasonable wear and tear excepted. In addition, Tenant shall return possession remove all of its personal property located at or in the Premises or elsewhere in the Building. Any damage caused to the Premises or any other portions of the Premises Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost and expense. Tenant’s obligation to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage observe or other conditions that Tenant is not required to remedy under perform this Lease. Prior to 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, Tenant such holding over shall 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 to Landlord in 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 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 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 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 defaultholding over, and Tenant shall also be liable 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 all 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, including consequential damagesTenant shall indemnify and hold Landlord harmless from any liability, that Landlord suffers as a result loss, costs and expenses, including, but not limited to reasonable attorneys’ fees, arising out of the holdoversuch holding over by Tenant.
Appears in 2 contracts
Samples: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
Surrender. (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 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, . Landlord’s initials 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 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.initials
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On the date on which this Lease expires A. Upon any termination 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 remove from surrender the Property all furnitureDemised Premises in the same condition as existed at the Commencement Date, trade fixturesexcept for normal wear and tear and damage caused by the fire or other casualty; provided, equipmenthowever, wiring and cabling (unless Landlord directs Tenant otherwise), and all that nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other personal property installed by Tenant or its assignees or subtenantspart of this Lease. Tenant shall repair any 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 removal 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 shall restore hold Landlord harmless against loss or liability resulting from the Property to good order and conditiondelay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Any All property of Tenant’s personal property 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 required set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby appoints Landlord its agent to remove all property 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 from the Demised Premises to Landlord in 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, 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or upon termination of this Lease shall operate and to extend cause its transportation and storage for Tenant's benefit, all at 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 sole cost and risk of Tenant under this Lease entitling and 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 not be liable for damage, theft, and misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all damagescosts and expenses of such removal, including consequential damagestransportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal or storage of abandoned property and with respect to restoring said Demised Premises to good order, that Landlord suffers as a result of the holdovercondition and repair.
Appears in 2 contracts
Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. (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 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, . Lxxxxxxx’s initials 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 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.initials
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On Tenant shall, at the date on which expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, such 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 in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that Tenant is not required to remedy time calculated under this the provisions of the Lease. Prior 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 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 sooner termination of this Lease, the Term shall not create any tenancy rights in Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed any such payments by Tenant or may be applied by Landlord against its assignees or subtenants. Tenant shall repair any damage resulting from such removal costs 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 to Landlord in 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, 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 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 damagesexpenses, including consequential damages, that attorney's fees incurred by Landlord suffers as a result of such holdover. Landlord agrees to treat Tenant as a holdover (as opposed to a trespasser) so long as Landlord and Tenant are negotiating in good faith to extend the holdoverterm of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Immune Response Corp), Lease Agreement (Immune Response Corp)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a bxxx of sale. Prior 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 remove from surrender to Landlord all keys to 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 Leased Premises 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 inform 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 combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after 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, Tenant’s occupancy 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 that conclusively deemed correct for purposes of a tenancy at will. determining 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 's liability 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 repairs and restoration 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 holdoverLease.
Appears in 2 contracts
Samples: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to remedy Landlord under this LeaseLease as by a xxxx of sale. Prior 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 remove from surrender to Landlord all keys to 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 Leased Premises 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 inform 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 combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 13.1 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after 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 occupancy 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 that conclusively deemed correct for purposes of a tenancy at will. determining 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 liability 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, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 2 contracts
Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings 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 Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be 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 good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon 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 Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, 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, remove all of Tenant's Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (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 indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 2 contracts
Samples: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good 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 remove from the Property 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 or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property 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 propertyaccordance with California law. If Tenant Xxxxxx does not return possession of the Premises Property to Landlord in 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, TenantXxxxxx’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable), ) except that the Monthly Base Rent shall be double 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdoverholdover and Tenant shall continue to pay Operating Expenses. 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 without Landlord’s consent 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.
Appears in 2 contracts
Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. (a) On Upon 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 peaceably surrender the Property to Landlord in the 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 ordinary wear and tear. Tenant shall remove from the Property prior to such termination all furnitureits property that is capable of removal without causing damage to the Property, trade fixturesand, equipmentat Tenant's expense, wiring and cabling (unless Landlord directs Tenant otherwise)shall at such times of removal, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. 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 shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, 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 restore become the property of Landlord. Any holding over by Tenant of 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 to Landlord in 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 earlier termination of the 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 consent shall entitle Landlord, in 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, Tenant’s occupancy of the Premises in addition to any other liabilities to Landlord accruing therefrom, Tenant 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)protect, except that the Monthly Rent shall be double 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 defend, indemnity and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingall loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any holdover claims made by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord any succeeding tenant founded upon such failure to exercise, without obligation to provide Tenant surrender and any notice or cure period, all of the remedies available lost profits 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 holdoverresulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. (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 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the 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 Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any derange 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, 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 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.
Appears in 2 contracts
Samples: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. (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 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 good 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Article 6 (Tenant Improvements & Alterations), and Landlordrepair 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, at Tenant’s expenseLandlord shall have the right (but no obligation) to remove the same, may remove, store, sell and Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or otherwise dispose of all or any portion 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 if Tenant does not return possession pay all such costs and retrieve the property within ten days after written 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 (and any other part of the 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 in or any agent or employee of Landlord shall not constitute a surrender of the condition required under Premises or effect a termination of this Lease, Tenant whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive 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 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.
Appears in 2 contracts
Samples: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall 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 surrender the Premises to Landlord in the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease, hereby and except for ordinary wear and tear. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remove from the Premises after the on or prior to such expiration or termination all property situated thereon which is not owned by Landlord and shall repair any damage caused by such removal. Property not so removed shall become the property of this LeaseLandlord, Tenant’s occupancy of 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 that borne by Tenant. Landlord shall credit the net proceeds of a tenancy at willdisposition 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. Tenant’s occupancy during any holdover period shall otherwise be subject to In the provisions of event that this Lease is terminated with respect to a particular Project (unless clearly inapplicable), except that the Monthly Rent shall be double 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 either as a result of a default, or the holdoverexpiration hereof, or otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant's Personal Property from Tenant for an amount equal to the fair 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, it shall become the property of Landlord as outlined above. The fair market value of the Tenant's Personal Property shall be determined by the mutual agreement of Landlord and Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. The provisions of this Section shall survive the termination or expiration of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Lease Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall quit and surrender to Landlord the Leased Premises, broom clean and in good order, 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 and acts of Casualty Damage which Landlord is obligated to repair or replace excepted; provided, that Tenant shall remove from its personal property and any property affixed to the Property all furnitureLeased Premises or improvements, trade fixtures, equipment, wiring and cabling (unless additions or alterations to the Leased Premises which Landlord directs Tenant otherwise), to remove and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from to the Building caused by such removal and removal. If Tenant shall restore the Property fail to good order and condition. Any remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of Tenant’s personal such property not or improvements, additions or alteration to be removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby agrees to pay all costs and expenses 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 any removal and of the repair of any damage to the Leased Premises to Landlord in 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 caused by such removal. On the expiration or earlier 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 Tenant shall, in addition to the provisions of this Lease (unless clearly inapplicable)foregoing, except that deliver to Landlord all keys and combinations to locks, safes and vaults. Any and all property remaining on the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant Leased Premises after the expiration of the Lease Term or 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 Tenant. Tenant’s obligation to observe and perform these covenants shall operate to extend survive the expiration of the Lease Term or prevent Landlord from immediate recovery earlier termination 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 holdoverLease.
Appears in 2 contracts
Samples: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. (a) On Sublessee shall at the date on which expiration or other termination of this Lease expires or terminatesSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall return possession without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and otherwise restore the Subleased Premises to its condition as of the Sublease Commencement Date, or such better condition as the Subleased Premises to Landlord in good conditionmay have thereafter been placed by Sublessee, except for 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 thereto, and except for casualty damage at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or other conditions that Tenant is to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not required so removed, or to remedy assign such rights to Prime Landlord, and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event of such failure to vacate the Subleased Premises on the date and as provided herein, the Sublease Rent shall, immediately and without notice, accrue and be payable at a rate equal to two hundred (200%) percent of the Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord under the Prime Lease by reason of such holdover. Sublessee’s obligations under this Lease. Prior to Section shall survive the expiration or earlier termination of this Lease, Tenant shall 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 to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferSublease.
(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 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.
Appears in 2 contracts
Samples: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. (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 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 Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. (a) 2.2.1 On or before the date on which this Lease expires or terminatesTermination Date, Tenant shall return possession of peaceably and quietly leave the Premises and surrender the Premises to Landlord in good conditionwith all of the improvements, except for ordinary wear parts and tearsurfaces thereof clean and free of debris, 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 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 to Landlord in the condition required under the Lease, ordinary wear and tear excepted. Tenant shall not remove any demising walls or other improvements made by Tenant during the 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 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 pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession be liable for the full amount of the Premises 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 expiration or termination of this LeaseTermination Date, and Landlord acknowledges all Tenant’s occupancy of payment obligations through 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 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 Termination Date will have been paid 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 defaultfull, and Tenant shall be liable only for all damages, including consequential damages, those covenants under the Lease that Landlord suffers as a result expressly survive the end of the holdoverTerm of the Lease and relate to facts and circumstances occurring prior to the Termination Date.
Appears in 1 contract
Samples: Lease Termination Agreement (Guardion Health Sciences, Inc.)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, 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 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 surrender the Premises to Landlord in the same condition required under this Leaseas received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall pay give written notice to Landlord all resulting damages of its intention to vacate at least thirty (30) days prior to vacating the Premises and shall meet with Landlord may suffer.
(b) If Tenant remains in possession for a joint inspection of the Premises after at the expiration or termination time of this Lease, vacating. In the event of Tenant’s occupancy of the Premises failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be that deemed conclusive for purposes of a tenancy at will. determining 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 responsibility for the last full month immediately preceding the holdoverrepairs and restoration. No holdover or payment such performance by Tenant after the expiration or termination of this Lease Landlord 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, create any holdover by Tenant shall constitute a default liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant under this Lease entitling as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by 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 defaultat 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 without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant has not fulfilled its obligations with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be liable for all damages, including consequential damages, that Landlord suffers as considered a result period of holding over and the holdoverterms of Paragraph 22 shall apply.
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Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a xxxx of sale. Prior 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 remove from surrender to Landlord all keys to 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 Leased Premises 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 inform 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 combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after 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, Tenant’s occupancy 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 that conclusively deemed correct for purposes of a tenancy at will. determining 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 's liability 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 repairs and restoration 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 holdoverLease.
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Surrender. (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 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 shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring of Tenant's personal property and cabling (unless Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. (c) Tenant shall repair any damage resulting from caused by such removal of the items in clauses (a) and (b). If such removal is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
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Surrender. Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the Term of this Lease, the Alterations shall become the property of Landlord at the end of the Term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations (aother than Cosmetic Alterations) be removed at the end of the Term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense, provided, however, that to the extent Landlord's consent is required pursuant to this Section, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to such Alteration whether or not Landlord will require Tenant to remove such Alteration at the end of the Term. On the date last day of the Term hereof, or on which this Lease expires or terminatesany sooner termination, Tenant shall return possession of surrender the Premises to Landlord in good conditionsubstantially the same condition as received by Tenant, except for ordinary wear and tear, tear and except for casualty damage or other conditions that excepted, broom-clean and free of Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant is not required to remedy under remove the Alterations in accordance with this Lease. Prior to the expiration or termination of this LeaseSection 13.4, Tenant shall remove from leave the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed Alterations at the Premises in the condition same are required to be maintained by Tenant or its assignees or subtenantshereunder, ordinary wear and tear and casualty damage excepted. Tenant shall repair any damage resulting from such to the Premises occasioned by the installation or 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's trade fixtures, furnishings 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 sufferequipment.
(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 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.
Appears in 1 contract
Samples: Industrial Lease Agreement (G Iii Apparel Group LTD /De/)
Surrender. (a) On the date on which last day of the term of this Lease expires or terminates, Tenant shall return possession of upon 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 earlier termination of this Lease, Tenant shall remove from peaceably surrender 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 Leased Premises to Landlord in good order, repair, and condition at least equal to the condition required under this Leasewhen delivered to Tenant, excepting only reasonable wear and tear resulting from normal use, the damage by fire or other casualty covered by the insurance carried by Landlord. All movable fixtures, office equipment, and other personal property of Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession remain the property of the Premises after Tenant, and upon the expiration date or earlier termination of this LeaseLease may be removed from the Leased Premises by Tenant, Tenant’s occupancy of the Premises subject, however, that Tenant shall be that of repair and restore in a tenancy at will. Tenant’s occupancy during good and workmanlike manner (reasonable wear and tear excepted) any holdover period shall otherwise be subject damage to the provisions Leased Premises or Building caused by such removal. Any of this Lease (unless clearly inapplicable)such movable fixtures, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment office equipment and other personal property not so removed by Tenant after at or prior to the expiration date or earlier termination of this Lease shall operate to extend unless otherwise agreed become the Term or prevent Landlord from immediate recovery property of possession Landlord. All other property as a part of the Leased Premises attached or affixed to the floor, wall or ceiling of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) are the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease by summary proceedings lapse of time or otherwise, Tenant hereby waiving all rights to any payment or compensation therefor. Any provision in this Lease Notwithstanding anything herein to the contrary notwithstandingcontrary, any holdover by Tenant Tenant's surrender of the Leased Premises shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without in no way affect Tenant's obligation to provide Tenant any notice pay rent to the date of expiration of this Lease, whether or cure period, all not the amount of such obligation has been ascertained either as of the remedies available to Landlord in date Tenant surrenders the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers Leased Premises or as a result of the holdoverdate of expiration of this Lease.
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Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a xxxx of sale. Prior 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 remove from surrender to Landlord all keys to 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 Leased Premises 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 inform 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 combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after 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, Tenant’s occupancy 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 that conclusively deemed correct for purposes of a tenancy at will. determining 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 's liability 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 repairs and restoration 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 holdoverLease.
Appears in 1 contract
Samples: Office Lease (Ip Voice Com Inc)
Surrender. (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 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, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
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Surrender. (a) On Immediately prior to the date on which this Lease expires expiration or terminates, Tenant shall return possession upon the sooner termination 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 the Lease, Tenant shall surrender the Premises broom clean, in the same good condition as delivered to Tenant, reasonable wear and tear excepted, and free from all Hazardous Materials. Tenant shall remove from any Alterations, except to the Property all extent that Landlord shall have notified in writing at the time the Alterations were completed that such Alterations need not be removed. Tenant shall remove Tenant’s personal property, signage, furniture, trade fixtures, equipmentand equipment set forth on the list attached hereto as Exhibit “G” (“Tenant’s Personal Property”). Tenant shall not remove any of the initial Tenant Improvements, nor shall Tenant remove fixtures or equipment that are not listed on Exhibit Lease – Design Therapeutics, Inc. 13 LL: XMG, T: JS “G”, it being understood that such equipment and fixtures are integral parts of the Premises and shall remain the property of the Landlord. No act or thing done by Landlord or any agent or employee of Landlord during the Lease Term or at the expiration of the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord. Tenant shall repair all damage to the Premises, the exterior of the Building and the Common Area caused by Tenant’s removal of Tenant’s Personal Property and Alterations. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, windows, interior glass, and floor coverings in the Premises to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Common Area and, where necessary, replace or resurface same. If Landlord elects by written notice to Tenant not later than ten (10) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling (unless cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord directs can readily determine the origin, destination and function of the wires and cables. Tenant otherwise)shall patch and refinish, and to Landlord’s reasonable satisfaction, all other personal property installed penetrations made by Tenant or its assignees employees to the floor, walls or subtenantsceiling of the Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair any damage resulting from such removal and shall restore If the Property Premises are not surrendered to good order and condition. Any Landlord in the condition required by this Section at the expiration or sooner termination of Tenant’s personal property not removed as required shall be deemed abandonedthis Lease, and LandlordLandlord may, at Tenant’s expense, may removeperform such removal, 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 propertyrepairs and replacements not so made. 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.
(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 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 to Landlord for all damagescosts incurred by Landlord in returning the Premises, the Building and the Common Area to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the Default Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this Article, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. At least thirty (30) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third-party state-certified professional with appropriate expertise, which Exit Survey must be reasonably acceptable to Landlord. The Exit Survey shall comply with the American National Standards Institute’s Laboratory Decommissioning guidelines (ANSI/ASSE Z9.11-2016) or any successor standards published by ANSI or any successor organization (or, if ANSI and its successors no longer exist, a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall (a) provide Landlord with written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including consequential damages, that Landlord suffers as a result laws pertaining to the surrender of the holdoverPremises, (b) place Laboratory Equipment Decontamination Forms on all decommissioned equipment to assure safe occupancy by future users and (c) conduct a site inspection with Landlord. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and comply with any recommendations set forth in the Exit Survey and shall be considered a holdover tenant until such time as the Tenant has remediated and complied with the requirements of this Section. Tenant’s obligations under this Section shall survive the expiration or earlier termination of the Lease.
Appears in 1 contract
Samples: Lease (Design Therapeutics, Inc.)
Surrender. (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 remove from the Property Premises 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 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.
(b) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this LeaseLease (“Holdover”), without the written consent of Landlord, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover 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 last full month immediately preceding the holdoverHoldover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No holdover 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 Holdover by Tenant shall constitute a default on the part an Event of Tenant under this Lease Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event upon an Event of a Tenant defaultDefault, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverHoldover.
(c) During the last ninety (90) days of the Term, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Demised Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises.
Appears in 1 contract
Surrender. (a) On the date last day of the term hereof, or on which this Lease expires or terminatesany sooner termination, 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 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 surrender the Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of as when such improvements to the Premises after the expiration or termination of this Leasewere completed, Tenant’s occupancy of the Premises shall be that of a tenancy at willbroom clean, ordinary wear and tear excepted. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)All alterations, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment improvements, repairs and replacements made by Tenant after during the expiration or termination term of this Lease shall operate be removed by Tenant upon termination of this lease or at Landlord's option, shall remain with the premises when surrendered by Tenant and be deemed a part of Landlord's property, at no cost to extend Landlord. Where removal of any such item is required, Tenant, at Tenant's expense, shall cause same to be removed and the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwisepremises restored to a condition that is reasonably satisfactory to Landlord. Any provision in this Lease Removal and restoration shall be completed prior to the contrary notwithstandingtermination of this lease. In default thereof, Landlord may effect said removal and repairs at Tenant's expense or treat Tenant as a holdover Tenant until such removal and restoration is completed to Landlord's reasonable satisfaction. In addition to the foregoing, any holdover personal property of Tenant remaining at the premises upon termination of this lease (including without limitation Tenant's trade fixtures) shall be deemed abandoned by Tenant shall constitute a default on the Tenant, and Landlord, at its option, may accept same as part of Landlord's property or cause the removal of same at Tenant's expense without being liable to Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant for conversion or any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable claim for all damages, including consequential damages, that Landlord suffers as a result of the holdoverdamages therefor.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including the Tenant shall return possession of the Premises Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty (iii) loss by condemnation. Landlord may, however, elect to 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 or other conditions that to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant is not required to remedy under this Leasewithin 5 days after receipt of Landlord's statement. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to 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 Leased Premises 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 inform 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 combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after 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, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least 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 that conclusively deemed correct for purposes of a tenancy at will. determining 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 's liability 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, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (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 Upon expiration or termination of this Lease, Tenant shall remove from the Property all Tenant’s personal property, furniture, trade fixtures, equipment, wiring fixtures and cabling equipment (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting “Tenant’s Property”) from such removal the Demised Premises and shall restore surrender the Property Demised Premises to Landlord, broom clean and in good order order, condition and conditionrepair, ordinary wear and tear excepted. Any If Tenant fails to remove 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 Property from the Demised Premises within five (5) days 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.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, then Landlord shall be entitled (but not obligated) to remove and store Tenant’s occupancy 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 at willfrom month-to-month. Tenant’s ’ s occupancy of the Premises during any holdover period the holder shall otherwise be subject to all the terms and provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 defaultLease, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as pay an amount (on a result per month basis) equal to one hundred fifty percent (150%) of the holdoverrental 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. (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 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, 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlordrepair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expense, may remove, store, sell Landlord shall have the right (but no obligation) to remove the same. Landlord shall also have the right to retain or otherwise dispose of all or any portion 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 if Tenant does not return possession 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 the Premises to Landlord in the condition required under any such property. Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall pay surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all resulting damages keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may suffer.
(b) If be located in the Premises. In no event shall Tenant remains be required to remove the Tenant Improvements or any Alterations except as provided in possession of the Premises after Section 6.1. Tenant’s obligations under this Section shall survive 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 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.
Appears in 1 contract
Samples: Lease Agreement (Mocon Inc)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, 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 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 costs for storing, removing 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, Tenant shall pay Landlord Rent in good condition, except an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior 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 damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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 all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at 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 last full month immediately preceding the holdover. No holdover or payment time 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 holdovereither party.
Appears in 1 contract
Samples: Office Lease (Amazon Com Inc)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, 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 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 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 under 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 fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by 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 to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Section 22 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 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 holdoverapply.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)
Surrender. (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 remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs and Tenant agree otherwise), ) and all other personal property installed by Tenant or its assignees or subtenants, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition, subject to ordinary wear and tear, casualty damage 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 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 reimburse Landlord all resulting damages actual and reasonable expenses incurred by Landlord may sufferto 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 Tenant Improvements or Tenant Requested Optional Improvements (including, without 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 of a tenancy at willsufferance. 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 double 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 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. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from its holdover except if Tenant holds over in the Premises for more than sixty (60) days.
Appears in 1 contract
Samples: Lease Agreement (INSMED Inc)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, 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 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 surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 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 give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenants’ 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 required to be removed by Tenant under Paragraph 12 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 without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, and such failure continues for more than five (5) business days following written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 5% of such costs, within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor accompanied by reasonable supporting documentation with respect thereto, and any time required by 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 to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 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 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 holdoverapply.
Appears in 1 contract
Samples: Lease Agreement (Ziprecruiter, Inc.)
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesother termination of the term, Tenant shall return possession of the Premises quit and surrender to Landlord the Demised Premises, broom clean, in as good conditionorder, except for condition and repair as it now is or may hereafter be placed, ordinary wear and tear, tear and except for damage by casualty damage or other conditions that which Tenant is not required specifically obligated to remedy under this Leaserestore hereunder excepted. Prior to 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 remove or otherwise disposed of by Landlord in the 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 upon the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)Demised Premises at the expiration or other termination of this Lease, and Tenant hereby indemnifies Landlord against any and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal claims 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 propertyliability with respect thereto. If Tenant does holds over after, the term with the express consent of Landlord, such tenancy shall be from month to month only and shall not return possession of the Premises to Landlord in the condition required under this Leasebe a renewal hereof, and Tenant shall pay Landlord the rent and all resulting damages Landlord may suffer.
(b) the other charges at the same rate as herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenant holds over. If Tenant remains in possession holds over after the term without the consent of Landlord and shall fail to vacate the Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease Tenant shall be liable to Landlord for the use and occupancy of the Demised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, and all the other charges as provided in this Lease for the last month of the term. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and agreements of this Article 21 shall survive the expiration or other 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 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.
Appears in 1 contract
Samples: Lease (Kabira Technologies Inc)
Surrender. (a) On Upon the date on which termination of this Lease expires whether by forfeiture, lapse of time or terminatesotherwise, Tenant shall return or upon the termination of Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Building and the Premises, together with all improvements thereon, to Landlord Landlord, broom clean, in good conditionorder, except for ordinary condition and repair, reasonable wear and teartear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and except 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 casualty damage or other conditions that by Tenant is not required prior to remedy under the expiration of the Term of this Lease. Prior In the event any improvements, fixtures, or equipment which Tenant is required to remove hereunder are not removed by Tenant at the time of the expiration or termination of the Term of this Lease, Tenant shall remove from pay an allocated rent which is based on the Property all furniturearea of the Premise which is unavailable to Landlord as a result of such improvements, trade fixtures, equipmentand equipment until such improvements, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed fixtures or equipment are removed. Any holding over 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 to Landlord in 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, 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination Term of this Lease shall operate and be construed to extend be a tenancy from month-to-month only, at double the Term 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 prevent Landlord from immediate recovery of in equity to recover possession of the Premises as well as any damages incurred by summary proceedings or otherwiseLandlord due to Tenant's failure to vacate the Premises and deliver possession to Landlord as herein provided. Any provision In the event Landlord consents to Tenant's holdover in writing prior to the 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 the contrary notwithstanding, any holdover be paid 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 remain unchanged for all damages, including consequential damages, that Landlord suffers as a result of the holdoversuch tenancy.
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
Surrender. (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 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 Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If Such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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 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, 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 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.
Appears in 1 contract
Surrender. (a) On Tenant further agrees on Expiration Date, or on the date on which sooner termination of this Lease expires or terminatesLease, Tenant shall return possession of to surrender the Premises to Landlord in good conditioncondition and repair, except for ordinary reasonable wear and teartear and damage by casualty excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior carpeting within the Premises, will be cleaned to the expiration or termination same condition as existed at the commencement of this the Lease, normal wear and tear excepted. Tenant shall agrees, at its sole cost, to remove all phone and data cabling from the Property all furniture, trade fixtures, equipment, wiring suspended ceiling and cabling (unless Landlord directs Tenant otherwise)repair or replace broken ceiling tiles, and all other personal property installed by Tenant relevel the ceiling if required as a result of Tenant's cabling or its assignees or subtenantsthe removal thereof. Tenant shall repair any damage resulting from such removal and shall restore on or before 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 Expiration Date 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 sixty (b60) If Tenant remains in possession of the Premises days after the expiration or sooner 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 provided that Tenant shall not have such additional sixty (60) day period if the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or early termination of this Lease was the result of Tenant's default), shall operate remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to extend be abandoned by Tenant. With respect to any Alterations that Tenant desires to make to the Term Premises, Tenant may make a written request of Landlord as to whether or prevent Landlord from immediate recovery of possession not Tenant shall be required to remove such Alterations upon the expiration or within sixty (60) days of the Premises by summary proceedings sooner termination of the Lease. Landlord shall promptly upon receipt of such a written request notify Tenant as to whether or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by not Tenant shall constitute a default on be required to remove such Alterations upon the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice expiration or cure period, all sooner termination of the remedies available Lease. If Landlord so notifies Tenant that such Alterations must be removed, or if Tenant has made no such written request as to any Alterations, then Landlord in may require their removal upon the event expiration or sooner termination of a Tenant default, the Lease and Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Such repair and restoration shall include causing the Premises to be liable for brought into compliance with all damages, including consequential damages, that Landlord suffers as a result applicable building codes and laws in effect at the time of the holdoverremoval to extent such compliance is necessitated by the repair and restoration work. If the Premises are not surrendered at the Expiration Date or sooner termination of this Lease In the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord against 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.
Appears in 1 contract
Samples: Lease Agreement (Therma Wave Inc)
Surrender. (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 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 to Landlord in 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, 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 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.
Appears in 1 contract
Surrender. (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 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 applicable Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 applicable 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, 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 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.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
Surrender. (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 Upon termination of this Lease, Tenant whether by reason of lapse of time, forfeiture or otherwise, Xxxxxx shall 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 immediately surrender possession of the Premises and all fixtures and improvements then on the same to Landlord in good order, condition and repair, ordinary wear and tear and loss by insured casualty with effective waiver of subrogation excepted, and all fixtures and improvements on the condition required 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 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 pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession continue for the balance of the Premises after Term. Tenant will pay, in addition to the expiration or termination of this LeaseRent and other sums agreed to be paid hereunder, 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 actual reasonable attorneys' fees for enforcing the provisions of this Lease (unless clearly inapplicable)and collecting the Rent due Landlord hereunder, except that the Monthly Rent whether or not suit is commenced. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be double the Monthly Rent payable provided by and paid for the last full month immediately preceding the holdover. No holdover or payment by Tenant after at its sole expense, but shall become the expiration or property of Landlord and shall be surrendered with the Premises upon 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 notwithstandingLease; provided, 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 damageshowever, that Landlord suffers may, by written notice to Tenant as a result provided in Section 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 on or to the holdoverPremises and to repair any damages to the Premises caused by such removal.
Appears in 1 contract
Samples: Lease Agreement
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return covenants and agrees to surrender possession of the Premises to Landlord upon termination of this Lease (whether by termination, expiration or otherwise) in as good conditioncondition as on the Commencement Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, except for ordinary then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and except for damage from casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to as described in Article 11 which results in the expiration or termination of this LeaseLease and repairs which are the responsibility of the Authority, excepted. No act or thing done by the Authority during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid, unless in writing signed by the Authority. The delivery of keys to any employee of the Authority or of the Authority’s agents shall not operate as a termination of this Lease or a surrender of the Premises. If upon such termination Tenant shall fails to remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other any personal property installed by or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or its assignees before the Expiration Date, the Authority may, but without the obligation to do so, remove said personal property or subtenantstrade fixtures and hold it for the owners thereof or may place the same in a public warehouse, all at the expense and risk of the owners thereof. Tenant shall repair reimburse the Authority for any damage resulting from reasonable expense incurred by the Authority in connection with such removal and storage. Tenant shall restore indemnify, release and hold harmless the Property Authority from any and all damage, costs and expenses related to good order and conditionsaid removal or storage. Any of Tenant’s personal property In addition, the Authority shall have the right, but not removed as required shall be deemed abandonedthe obligation, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise to dispose of such property in as waste or sell such manner as Landlord may see fit and/or Landlord may retain stored property and the proceeds of such property or sale proceeds as its property. If Tenant does not return possession shall be applied, first, to the cost of the Premises sale, second, to Landlord in the condition required under this Leasepayment of charges for storage and removal, third, to the payment of Rent, Additional Rent or any other obligation which may then be due from Tenant to the Authority and the balance, if any, shall be retained by the Authority. In the event the expenses of such removal, storage, disposal and sale shall exceed the proceeds of sale, 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 such excess to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 holdoverAuthority upon demand.
Appears in 1 contract
Samples: Office Space Lease
Surrender. 5.1. As of the Occupancy Expiration Date (a) On or the date on which this Lease expires or terminatessooner termination of the Lease), Tenant shall return possession vacate the Occupancy Area in the condition required by Section 18 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 Initial Lease. Prior to Without limitation of the expiration or termination of this Leaseforegoing, Tenant shall remove from the Tenant Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant on or its assignees or subtenantsprior to the Occupancy Expiration Date. Tenant shall repair any damage resulting from such removal and shall restore In 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 event that Tenant does not return possession vacate the Occupancy Area on or prior to the Occupancy Expiration Date (or the sooner termination of the Premises to Lease), Landlord in the condition required under this Lease, Tenant shall pay Landlord have all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after rights and remedies contemplated by 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 Initial Lease with respect to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 original Leased Premises by summary proceedings or otherwise. Any provision in this Lease as to the contrary notwithstandingOccupancy Area, any holdover by Tenant including, but not limited to, the right to collect hold over rent, and such failure shall constitute a default on Default Event.
5.2. From and after the part 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 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 under this Lease entitling and Landlord relative to exercise, without obligation to provide Tenant any notice or cure period, all the Occupancy Term that expressly survive a termination of the remedies available Lease as to the Vacated Space (which shall constitute Surviving Liabilities of Tenant and Surviving Liabilities of Landlord, respectively) and Surviving Liabilities of Tenant and Surviving Liabilities of Landlord in for the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result applicable portion of the holdoverVacated Space for the period prior to the deletion of such space from the Lease pursuant to the Third Amendment.
Appears in 1 contract
Samples: Lease (Brightpoint Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Landlord Improvements, 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, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant (which expressly excludes any wiring and cabling servicing the Premises as of the date of this Lease) and, subject to the terms and conditions of Exhibit B, remove from the Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 1 contract
Surrender. (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 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in good conditiona 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. Prior to the expiration or termination of this Lease, and (ii) Tenant shall remove have removed from the Property Premises 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 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 removal 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 Tenant Txxxxx does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord all resulting damages the commercially reasonable costs incurred by Landlord may sufferin restoring the Premises to such condition.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, TenantTxxxxx’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 of any holdover period shall be double equal to the Monthly sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover and (ii) Tenant’s Share of Operating Expenses for such month. 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 otherwisePremises. 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 legal and equitable 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.
Appears in 1 contract
Samples: Lease Agreement (Savara Inc)
Surrender. (a) On Upon the date on which expiration or sooner termination of this Lease expires or terminatesLease, Tenant shall return surrender the Premises (including the Affixed Equipment) to the District in the condition that existed on the Commencement Date, ordinary wear and tear excepted; provided, however, 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 to Landlord in good conditionand use of the Property, except for ordinary wear at the request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior 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, Tenant shall remove from be in breach of this Lease. Notwithstanding anything to 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 contrary contained 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, if Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains continues in possession of the Premises after following the date that is 15 days 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 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 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 continued possession of the Premises by summary proceedings or otherwisePremises. Any provision Notwithstanding anything in this Lease to the contrary notwithstandingcontrary, any holdover by Tenant the foregoing increased rent shall constitute a default on be 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 District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of a Tenant defaultthe Term; provided, and Tenant shall be liable for all damages, including consequential damageshowever, that Landlord suffers as a result the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the holdoverPremises 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. (a) 24.01 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord broom clean, in good conditionorder, condition and repair except for ordinary wear and tear, tear and except for casualty damage by fire or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, insured casualty; Tenant shall remove from Tenant's property subject to the Property provisions of Article 14 hereof; and Tenant shall surrender to Landlord all furniturekeys to offices, trade fixtures, equipment, wiring lavatories and cabling (unless Landlord directs Tenant otherwise), mail boxes and all other personal property installed Building identification and parking cards possessed 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 to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer's employees.
(b) If 24.02 In the event Tenant remains in possession of the Demised 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate without the execution by Landlord and Tenant of a new lease, Tenant shall, at Landlord's option, be deemed to extend be occupying the Term or prevent Landlord Demised Premises as a tenant from immediate recovery month to month, at a monthly rental equal to one and one-half (1.5) times the fixed rent and additional rent payable during the last month of the term, subject to all of the other terms of this Lease insofar as the same are applicable to a month to month tenancy.
24.03 In the event Tenant remains in possession of the Demised Premises following the 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 summary proceedings or otherwise. Any provision Tenant in surrendering the Demised Premises upon the termination of this Lease as provided in this Lease to the contrary notwithstandingArticle 24, including without limitation, any holdover claims made by any succeeding tenant or prospective tenant based upon such delay. In the event Tenant remains in possession of the Demised Premises for any period of time following the Expiration Date, 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 be in the event of a Tenant default, and Tenant in addition to the rent provided in Section 24.02 hereof, Landlord shall be liable for entitled to all damages, including consequential damages, that Landlord suffers as a result of the holdoverits rights and remedies provided in this Lease.
Appears in 1 contract
Samples: Lease (Clarus Corp)
Surrender. (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 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 Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 1 contract
Samples: Lease Agreement (Talk City Inc)
Surrender. (a) On No later than upon the date on which this Lease expires expiration or terminatesearlier termination of the Term or Tenant's right to possession of the Premises, Tenant shall return possession of vacate and surrender the Premises to Landlord in good conditionorder and condition and in conformity with the applicable provisions of this Lease, except for ordinary wear and tearincluding without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and except for casualty damage 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 conditions 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 Tenant is not required to remedy would otherwise be due under this Lease, without prorating for any partial month of holdover. Prior to 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 remove from and 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 subtenantsprovisions of this Article 19. 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 to Landlord in 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 sha11survive the expiration or earlier 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 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.
Appears in 1 contract
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in their condition as of the Commencement Date, except for normal wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations that Tenant is not required to remove; provided, however, that prior to the expiration or earlier termination of this Lease Tenant: (i) shall remove from all telephone and other cabling installed in the Property Building by Tenant, all of Tenant’s personal property, furniture, trade fixturesdecorations, equipmentinterior or exterior signs, wiring and cabling (unless Landlord directs Tenant otherwise)Trade Fixtures, and all other personal property installed Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the Premises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall patch and refinish all penetrations made by Tenant or its assignees agents or subtenantsemployees to the floor, walls, or ceiling of the Premises necessitated by Tenant’s removal of Alterations and/or Trade Fixtures, whether or not made or installed with Landlord’s approval. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, and floor coverings to the extent the same require repair or replacement beyond normal wear and tear. All repairs shall be made to Landlord’s reasonable satisfaction. If any such removal or repair is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to cause such removal or repair to be performed and to repair any damage resulting from and perform any restoration work caused or occasioned by such removal and shall restore the Property to good order and conditionremoval. 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal, repair and restoration, for storage of Tenant’s property 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, repair and restoration. Landlord shall also have the right to retain or dispose of all or any portion of Tenant’s 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 Tenant’s property. Upon expiration or earlier 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. The term “normal wear and tear,” for purposes of this provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of prudent application of good standards for maintenance and repair; and it is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. Tenant’s obligations under this Section shall survive the expiration or earlier 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 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.
Appears in 1 contract
Samples: Lease Agreement (Verigy Ltd.)
Surrender. (a) 11.01 On the date on which Expiration Date or upon any earlier termination of this Lease expires Lease, or terminatesupon any reentry by Landlord upon the Leased Property, Tenant shall return possession of quit and surrender to Landlord, the Premises to Landlord Leased Property including, without limitation, all FF&E in the Premises, “broom-clean” and in good conditionorder, condition and repair, except for 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, and except for casualty damage 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 other conditions mortgage, as the case may be, provides that Tenant 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 to remedy under this Lease. Prior to the expiration or termination of by this Lease, Tenant shall remove 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 succeeding tenants against Landlord or otherwise arising out of or resulting from the failure of Tenant to timely surrender and vacate the Leased Property all furniturein 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, trade fixtures, equipment, wiring and cabling (unless Landlord directs will exceed the amount of monthly Tenant otherwise)Charges theretofore payable hereunder, and all other personal property installed by Tenant or its assignees or subtenantswill be impossible of accurate measurement. 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 therefore agrees that if possession of the Premises 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 condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises Leased Property after the expiration or termination of this Leasethe Term, Tenant’s occupancy a sum equal to the greater of (i) $5,000 per month or (ii) two hundred (200%) percent of the Premises fair market rental value of the Leased Property, as reasonable determined by Landlord. The aforesaid obligations shall be that survive the expiration or sooner termination 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after Term.
11.04 Immediately upon the expiration or termination of this Lease shall operate to extend the Term Tenant (unless such expiration or prevent Landlord from immediate recovery of possession termination is simultaneous with a closing of the Premises by summary proceedings transaction under the Purchase Agreement) Tenant shall (i) assign to Landlord such Reservations (including, without limitation, Special Reservations) as Landlord shall elect, including, without limitation, the Reservation Deposits respecting such Reservations, and (ii) deliver to Landlord the Reservation Deposits respecting the Reservations so assigned to Landlord, and (iii) deliver to Landlord all other agreements and documents respecting the Reservations so assigned to Landlord. This provision shall survive the expiration or otherwise. Any provision in termination of this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute (unless such expiration or termination is simultaneous with 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 closing of the remedies available to Landlord in transaction under 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 holdoverPurchase Agreement).
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Surrender. (a) On Upon the date on which expiration of this Lease expires Sublease, or terminates, Tenant shall return upon the termination of the Sublease or of the Tenant's right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord in good conditioncondition and repair, except for ordinary reasonable wear and tear, damage by fire, casualty and except for casualty damage taking excepted. Any conditions existing because of Tenant's failure to perform maintenance, repairs or other conditions that replacements as required of Tenant under this Sublease shall not be deemed "reasonable wear and tear." Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is not required permitted to remedy under this leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that Landlord shall have the right to require Tenant to remove any Alterations made by Tenant, or portion thereof. Said right shall be exercisable by Landlord giving written notice thereof to Tenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. Prior In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby), and dispose thereof. Tenant shall pay reasonable costs of such removal, repair, and disposal on demand. If the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Landlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Tenant shall permit Landlord to enter the Premises for a reasonable period of time prior to the expiration of the Sublease for the purpose of removing its Alterations and restoring the Premises as required. On or termination of this Leasebefore such expiration or termination, Tenant shall remove from the Property all its furniture, trade fixturesmachinery, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other items of personal property installed by Tenant in or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore about 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 to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferPremises.
(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 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.
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Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or terminatesany renewal term, Tenant or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall 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 damaged items 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 to Landlord in 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, 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 terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of the lease will be extended for the last subsequent full month immediately preceding periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the holdoverlease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under the lease (including 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 all periodic rental payments due during such 90 day period as provided in Paragraph 9 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 holdoverlease).
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Samples: Master Lease Agreement (Iomega Corp)
Surrender. (a) On No act or thing done by Landlord during the date on which 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 expires by Tenant, whether accepted by Landlord or terminatesnot, Tenant or a mutual termination hereof, shall return possession not work a merger, and at the option of the Premises Landlord, shall operate as an assignment to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage of all subleases or other conditions that Tenant is not required to remedy under this Leasesubtenancies affecting the Leased Premises. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furnitureshall, 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 to Landlord in 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, 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)Paragraph 28, except that peaceably leave, quit and surrender the Monthly Rent shall be double 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 Leased 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 as good order and condition in which the event 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 a Tenant defaultthis Lease, and except for ordinary wear and tear or loss by fire or other casualty. Upon such surrender, Tenant shall, without expense to Landlord, (a) remove or cause to be removed from the Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. 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 shall be liable paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for all damages, including consequential damages, that any such property which becomes the property of Landlord suffers as a result of the holdoverpursuant to this Paragraph 28.
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Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession last day 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 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, and improvements other than business and trade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered 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. Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring equipment and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant and shall repair any damage resulting from occasioned by such removal removal. Tenant may elect to surrender any chemical fume hoods installed and shall restore considered in fair condition at the Property to good order and conditiontime of surrender within the Leased Premises. Any of Tenant’s personal property not removed as required by Tenant shall be deemed abandonedabandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals 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, on demand, the cost of removal 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 U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession at the place then fixed for the payment of rent of the keys to the Leased Premises after shall constitute surrender of the expiration or termination 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, Tenant’s occupancy . This method of the Premises surrender shall not be exclusive and shall be that in addition to all other methods 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 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 holdoversurrender.
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Surrender. (a) On Sublessee shall, upon the date on which termination of this Lease expires or terminatesSublease and in accordance with all of the terms of this Sublease and the Lease, Tenant shall return possession of vacate and surrender 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 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 to Landlord 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 Leasecovenant shall survive the Expiration Date or such other date of earlier termination of this Sublease. Any personal property owned by Sublessee, Tenant if any, which shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remain on the Premises after the expiration or early termination of this LeaseSublease and the removal of Sublessee from the Premises may, Tenantat 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 as its sole property or to remove and dispose of such personal property without accountability at the expense of Sublessee, as 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 removal 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 the Premises are not surrendered upon the Expiration Date or such other date of earlier termination of this 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 Sublessee’s continued occupancy of the Premises shall be that Premises, including all direct damages of a tenancy at will. TenantSublessor (including all sums Sublessor is required to pay under the terms of the Lease) and any liability accruing to Lessor under the Lease and all attorney’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 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 fees and costs associated with recovering 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 holdoverPremises.
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Surrender. (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 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 Property Premises 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6,1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
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Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its Trade Fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, 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 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 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 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 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 good condition, except an amount equal to 150% of the Base Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Leasethe Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall remove be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent in excess of 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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 all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at 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 last full month immediately preceding the holdover. No holdover or payment time 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 holdovereither party.
Appears in 1 contract
Samples: Lease Agreement (Lmi Aerospace Inc)
Surrender. (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 remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwiseotherwise upon at least sixty (60) days’ prior written notice), 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 to Landlord in 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, 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 be, for the first three (3) months, one hundred and twenty‑five percent (125%) of the Monthly Rent payable for the last full month immediately preceding the holdover and, thereafter, one hundred and fifty percent (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 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.13 QB\129138.00037\24864053.9
Appears in 1 contract
Samples: Lease Agreement (Wageworks, Inc.)
Surrender. (a) 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 prior to the expiration or termination of this LeaseSublease, Tenant whether by expiration, forfeiture, lapse of time or otherwise, or upon the termination of Subtenant’s right of possession, Subtenant shall (i) 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 restore any damage resulting from such removal) any and all of Subtenant’s movable personal property, any Subtenant signage and, subject to Section 31 below, the Furniture (as defined below), and (ii) deliver to Sublandlord the Premises in the condition and repair the Premises were in as of the Commencement Date, reasonable wear and tear excepted, including, but not limited to, removing and restoring any alterations or improvements which Subtenant undertook at the Premises. If Subtenant shall fail to timely perform such restoration, removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required repair obligations, Subtenant shall be deemed abandonedto be in holdover in the Premises without Sublandlord’s or Prime Landlord’s consent until such restoration, removal and repair is complete. If Subtenant shall fail to remove any of Subtenant’s personal property, including but not limited to the Furniture (to the extent required under Section 31 below), from the Premises, such property shall be deemed abandoned (and Subtenant will be deemed to have relinquished all right, title and interest in such property), and LandlordSublandlord is authorized, without liability to Subtenant for loss or damage thereto, at Tenantthe sole risk of Subtenant, to (a) remove and store such property at Subtenant’s risk and expense; (b) retain such property, may removein which case all right, store, title and interest therein shall accrue to Sublandlord; (c) sell such property and retain the proceeds from such sale; or (d) otherwise dispose of or destroy 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 Except as provided in this Section 17A, Subtenant shall have no obligation or liability with respect to Sublandlord’s restoration obligations under the Prime Lease.
B. Sublandlord and Subtenant recognize that Sublandlord’s damages resulting from Subtenant’s failure to timely surrender possession of the Premises may be substantial, may exceed the amount of the Base Rent payable hereunder, and will be impossible to Landlord accurately measure. Accordingly, if possession of the Premises is not surrendered to Sublandlord on the expiration or earlier termination of this Sublease, in addition to any other rights or remedies Sublandlord may have hereunder or at law, Subtenant shall pay to Sublandlord for each month (or any portion thereof) during which Subtenant holds over in the condition required Premises after the Expiration Date or earlier termination of this Sublease, a sum equal to (i) one hundred fifty percent (150%) of the Rent payable by Sublandlord, as tenant, under this the Prime Lease, Tenant for the last full calendar month prior to the Expiration Date, for the first three (3) months of such holdover period, and (ii) two hundred percent (200%) of the Rent payable by Sublandlord, as tenant, under the Prime Lease, for the last full calendar month prior to the Expiration Date, for the fourth and each subsequent month of such holdover period. In addition, Subtenant shall pay Landlord otherwise observe, fulfill and perform all resulting of Sublandlord’s obligations under the Prime Lease, including but not limited to, those pertaining to additional rent under the Prime Lease. Subtenant shall indemnify and hold harmless Sublandlord from and against all damages Landlord may suffer.
(b) If Tenant remains in incurred by Sublandlord on account of Subtenant’s holding over. No holding over by Subtenant, nor the payment to Sublandlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Premises after the expiration Expiration Date or sooner termination of this LeaseSublease, Tenant’s occupancy and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the Premises shall amount to be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to paid by Subtenant in accordance with the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 holdoverParagraph.
Appears in 1 contract
Surrender. (a) 23.1 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destructions as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work ordinary wear and tear excepted. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall remove from be removed, except as may otherwise have been provided by Landlord at the Property time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and Tenant agree that a minimum of ninety (90) days prior to the Expiration Date of this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed restoration which shall be required to be completed by Tenant or by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and identify the restoration required as set forth above and Landlord does not fulfill its assignees or subtenantsobligation to walk through the Demised Premises, Tenant will not be relieved of any of its restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result notwithstanding the ninety (90) day time period set forth above, it shall repair any damage resulting from be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such removal restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and shall restore where possible, Landlord will competitively bid the Property to good order and conditionwork. Any In lieu of Tenant’s personal property not removed restoring the Demised Premises 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 pursuant to Landlord in the condition required under this Lease, Tenant shall may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. If Tenant fails to perform any restoration required of it under this Lease or fails to pay Landlord all resulting damages for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a holdover Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord may suffer.
shall notify Tenant and Tenant shall have fifteen (b15) days to correct such error. If Tenant remains in possession of fails to correct such error within the Premises after the expiration or termination of this Leasethirty (30) day period, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to holdover from the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by day on which Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession received Landlord's notice 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 holdoverincorrect restoration.
Appears in 1 contract
Samples: Lease Agreement (Paradyne Corp)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furnitureLeased Premises or Affected Premises, trade fixturesas is applicable, 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 to Landlord in the same condition in which the Leased Premises or Affected Premises, if applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear and damage from any Casualty or Condemnation excepted; provided, however, that with respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if applicable, Landlord has received the Termination Amount. Upon such surrender, Tenant shall (a) remove from the Leased Premises or Affected Premises, if applicable, all Tenant’s Property and Alterations required to be removed pursuant to Paragraph 13 hereof, and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises or Affected Premises, if applicable. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains be under no obligation to patch, repair or replace finish work, such as wallcoverings, paint and carpeting, or to patch, repair or cover holes in possession the walls or floor left by the removal of the Premises after the expiration any Alteration 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 property to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover extent such removal was performed in a reasonable 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 holdovernormal manner.
Appears in 1 contract
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably vacate and surrender 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 Leased Premises to Landlord in the same condition required under in which the Leased Premises were at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear, and damage by casualty or condemnation, excepted. Upon such surrender, Tenant shall pay Landlord (a) remove from the Leased Premises all resulting damages property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Billboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. Property not so removed shall be deemed abandoned and become the property of Landlord, and Landlord may sufferthereafter cause such property to be removed from the Leased Premises. Landlord shall not be obligated to store any such property. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal, together with an administrative charge of five percent (5%) of the cost of Landlord’s performance shall be paid by Tenant to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and if not paid within ten (10) Business Days, shall bear interest at the Default Rate. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant remains fails to vacate and surrender the Leased Premises on or before the Expiration Date or earlier termination of this Lease in accordance with the provisions of this Lease, Tenant shall be a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in advance in an amount equal to 150% of Basic Rent payable immediately prior to the Expiration Date or such early termination until Tenant shall have vacated and surrendered the Leased Premises in accordance with the provisions of this Lease. The provisions of this Paragraph 26 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Leased Premises after the expiration Expiration Date or sooner termination of this Lease, Tenant’s occupancy Lease or (ii) imply any right of Tenant to use or occupy the Leased 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the upon expiration or termination of this Lease shall operate to extend and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term or prevent Landlord from immediate recovery of possession shall be deemed to be other than on account of the Premises amount to be paid by summary proceedings or otherwise. Any provision Tenant in accordance with the provisions of this Lease Paragraph 26.
(c) Notwithstanding anything to the contrary notwithstandingelsewhere in this Lease, if Tenant fails to so vacate and surrender the Leased Premises in accordance with this Lease on or before the Expiration Date, then, in addition to any holdover by other liabilities to Landlord accruing therefrom, Tenant shall constitute a default on the part indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of Tenant under this Lease entitling Landlord action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to exercisesuch failure (directly or indirectly, in whole or in part), including, without obligation to provide Tenant any notice or cure period, all limiting the generality of the remedies available to Landlord in foregoing, loss of future rents as a consequence of such failure until the event earlier of (i) the effective date of a Tenant default, new lease executed by Landlord and Tenant another tenant for the Leased Premises or (ii) twenty-four (24) months after the Expiration Date. Tenant’s indemnification obligations set forth herein shall be liable for all damages, including consequential damages, that Landlord suffers as a result survive the Expiration Date or earlier termination of the holdoverthis Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Surrender. (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 remove from the Property all furniture, trade fixtures, equipment, wiring and cabling other than wiring and cabling installed as part of the Tenant's Improvement Work (unless Landlord directs advises 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, excepting only ordinary wear and tear, casualty damage or other conditions that Tenant is not required to remedy under this Lease. Any of Tenant’s 's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s '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.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s 's occupancy of the Premises shall be that of a tenancy at will. Tenant’s 's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that (i) if Tenant give Landlord written notice of its intention to hold over at least ninety (90) days prior to the Expiration Date, then for the first ninety (90) days of the holdover the Monthly Rent shall be one hundred fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover, or (ii) if Tenant does not give Landlord written notice of its intention to hold over at least ninety (90) days prior to the Expiration Date, then the Monthly Rent shall be double the Monthly Rent 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.
Appears in 1 contract
Samples: Lease Agreement (Tasty Baking Co)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall 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 surrender the Premises to Landlord in as good a condition as on the condition date available for occupancy by Tenant, reasonable wear and tear from the last repair required under this Leasehereunder, casualty damage and damages caused by Landlord’s failure to make repairs required of Landlord hereunder excepted. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains have no obligation to remove any alterations, additions or modifications 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after upon the expiration or termination of this Lease shall operate to extend the Term except as requested by Landlord in connection with its approval as set forth in Section 9 hereof or prevent Landlord from immediate recovery of possession of as required by Section 15 hereof. Any personal property and leasehold improvements remaining in the Premises by summary proceedings after the expiration or otherwise. Any provision in other termination of this Lease to may be disposed of by Landlord as it sees fit and without liability. By the contrary notwithstandingexpiration or earlier termination of this Lease, any holdover by Tenant shall, and shall constitute a default on have the part of Tenant under this Lease entitling Landlord to exerciseabsolute right to, without obligation to provide Tenant any notice or cure period, remove all of Tenant’s Property and signage from the remedies available to Landlord in the event of a Tenant defaultPremises, and Tenant shall repair any damage to the Premises caused by the removal of Tenant’s Property and signage. If Tenant fails to so remove Tenant’s Property and signage, Landlord may (but shall not be liable obligated to) remove Tenant’s Property and signage and store the same and repair all damage caused by the removal thereof, all at Tenant’s expense. In that event, Tenant shall reimburse Landlord for all damages, including consequential damages, that Landlord suffers as a result costs and expenses incurred in the removal and storage of personal property and signage and the repair of the holdoverPremises within ten (10) days after Landlord notifies Tenant of the amount of the costs and expenses. This Section 25 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord broom-clean and in good their original condition, except for ordinary reasonable wear and teartear and damage from casualty or condemnation; provided, and except for casualty damage or other conditions however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, unless directed otherwise by Landlord, Tenant shall remove from all Alterations, including the Property Tenant Improvements, all furnituretelephone, trade fixturesdata and other cabling installed in the Building by Tenant, 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 abandonedand any Trade Fixtures, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and an amount equal to the Holdover Rent for the entire 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 damages Landlord may suffer.
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: (a) surrender all keys to the Premises or any other part of the Building, (b) If 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, (c) deliver to Landlord all plans and specifications relating to all Alterations made by Tenant remains during the term of this Lease to the Building and the Premises, (d) deliver to Landlord all permit applications, permits and permit sign-offs relating to all Alterations made by Tenant during the term of this Lease to the Building and the Premises, (e) deliver to Landlord all permits, licenses, approvals, inspection reports and material correspondence relating to the sprinkler, fire alarm and life safety systems in possession the Building and the Premises, (f) deliver and assign to Landlord any and all warranties and guaranties relating to any repairs and/or replacements made by Tenant to any of the Premises after Building Systems during the term of the Lease, and (g) work cooperatively with Landlord (but without incurring substantial expense or incurring of any liabilities) to transition the Building Utility Services and Building Systems to Landlord, or to a subsequent tenant, as designated by Landlord. Tenant’s obligations under this Section shall survive 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 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.
Appears in 1 contract
Samples: Lease Agreement (Infinera Corp)
Surrender. (a) On Provided that Lessee does not exercise the date on which purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Lease expires or terminateslease, Tenant Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall 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 damaged items 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 to Landlord in 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, 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 terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease (unless clearly inapplicable), except that the Monthly Rent lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of this lease will be extended 4 for the last subsequent full month immediately preceding the holdoverperiods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment by Tenant of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time 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 Initial Term, if this lease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice 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 holdoverLessee.
Appears in 1 contract
Surrender. (a) On Upon the date on which termination of this Lease expires Lease, whether by forfeiture, lapse of time or terminatesotherwise, Tenant shall return or upon termination of Tenants' right to possession of the Premises Leased Premises, Tenant will at once surrender and deliver up the Leased Premises, together with all improvements thereon, to Landlord Landlord, broom swept, in good conditioncondition and repair, except for except:
(i) ordinary wear and tear (conditions existing because of Tenant's failure to perform maintenance repairs or replacements as required herein or to have in force a maintenance contract required by Section 9.0(b) hereof shall not be deemed ordinary wear and tear, ); (ii) condemnation; (iii) damage arising from any cause not required to be repaired or replaced by Tenant; and except for casualty damage or other conditions that (iv) Alterations which do not constitute Approval Alterations and Approval Alterations which Tenant is not required to remedy remove as set forth in Section 9.1(a). Tenant shall deliver to Agent all keys to all doors therein. As used herein, the term "improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.1 hereof) whether or not permitted under this LeaseSection 9.1. Prior All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord's property and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Approval Alterations and restore the Leased Premises to their condition prior to the expiration making of such Alterations, repairing any damage occasioned by such removal and restoration to the extent that the approval by Landlord of any Approval Alteration was conditioned upon the removal of the same. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or termination before ten (10) days after such termination. If Landlord requires removal of any Alterations as set forth in Section 9.1(a) and Tenant does not make such removal in accordance with this LeaseSection at the time of such termination, Tenant shall or within ten (10) days after such request, whichever is later, Landlord may remove from the Property all furniture, trade fixtures, equipment, wiring same (and cabling (unless Landlord directs Tenant otherwiserepair any damage occasioned thereby), and all dispose thereof or, at its election, deliver the same to any other personal property installed by place of business of Tenant or its assignees or subtenantswarehouse the same. Tenant shall repair any damage resulting from such removal and shall restore pay 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 costs 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 removal, repair, delivery and warehousing to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferon demand.
(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 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.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return deliver up and surrender to Landlord possession of the Demised Premises upon the expiration or earlier termination of the Term, broom clean, free of debris, in good order, condition and state of repair and shall deliver the keys at the office of Landlord or to any other address as Landlord may designate. Tenant shall properly disconnect and tag all low voltage data cabling in the Demised Premises. Tenant, at its expense, shall repair any damage occasioned to the Demised Premises or any portion of the Project by reason of installation or removal of any trade fixtures and other personal property. If Tenant fails to remove such items from the Demised Premises within three (3) Business Days after such expiration or termination, then in any such event all such trade fixtures and other personal property shall thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and restore the Demised Premises to its prior condition at Tenant’s expense. All leasehold improvements to the Demised Premises by Tenant, including, but not limited to, the items furnished pursuant to Landlord’s Work and Tenant’s Work, but excluding trade fixtures, shall become the property of Landlord in good condition, except for ordinary wear and tear, and except for casualty damage upon expiration or other conditions that Tenant is not required to remedy under earlier termination of this Lease. Prior ; provided, however, that at the time Landlord approves any alterations to the Demised Premises, Landlord may designate by written notice to Tenant those alterations, changes and additions which shall be removed by Tenant at the expiration or termination of this Lease, in which event Tenant shall shall, at its expense, promptly remove from the Property all furniture, trade fixtures, equipment, wiring same 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 to the Demised Premises caused by such removal and removal, which obligation 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 to Landlord in 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 survive the expiration or other 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 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 The obligations of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice Section shall survive the expiration or cure period, all other termination 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 holdoverthis Lease.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession last day 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 term of this Lease. Prior to , or upon the expiration or earlier termination of this Lease, Tenant Lessee shall remove peaceably surrender the Premises to Lessor in good order, repair, and condition at least equal to the condition when delivered to Lessee, excepting only reasonable wear and tear resulting from normal use, and damage by fire or other casualty covered by the Property all furniture, trade insurance carried by Lessor. All movable fixtures, office equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed of Lessee shall remain the property of Lessee, and upon the expiration date or earlier termination of this Lease may be removed from the Premises by Tenant or its assignees or subtenants. Tenant Lessee, subject, however, to Lessor's lien for rent; provided, however, that Lessee shall repair and restore in a good and workmanlike manner (reasonable wear and tear excepted), any damage resulting from to the Premises or the Building caused by such removal and shall restore the Property to good order and conditionremoval. Any of Tenant’s such movable fixtures, office equipment and other personal property not no so removed as required shall be deemed abandoned, and Landlord, by Lessee 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 prior to Landlord in 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 date 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 the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or earlier termination of this Lease shall operate become the property of Lessor. All other property as a part of the premises attached or affixed to extend the Term floor, wall, or prevent Landlord from immediate recovery of possession ceiling of the Premises (including wall-to-wall carpeting, paneling, or other wall covering) are the property of Lessor and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease by summary proceedings lapse of time or otherwise, Lessee hereby waiving all rights to any payment or compensation therefor. Any provision in this Lease Notwithstanding anything herein to the contrary notwithstandingcontrary, any holdover by Tenant Lessee's surrender of the Premise shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without in no way affect Lessee's obligation to provide Tenant any notice pay rent to the date of expiration of this Lease, whether or cure period, all not the amount of such obligation has been ascertained either as of the remedies available to Landlord in date Lessee surrenders the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers Premises or as a result of the holdoverdate of expiration of this Lease.
Appears in 1 contract
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or terminatesany renewal term, Tenant or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall 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 damaged items 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 to Landlord in 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, 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 terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of the lease will be extended for the last subsequent full month immediately preceding periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the holdoverlease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment by Tenant of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of the lease). At any time 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 Initial Term, if the lease has been automatically extended as set forth herein, Lessor reserves the right to terminate the lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice 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 holdoverLessee.
Appears in 1 contract
Surrender. (a) On Upon the date on which termination of this Lease expires or terminatesfor whatever reason, Tenant shall return possession of surrender the Leased Premises to Landlord in good conditioncondition and repair (including, except for ordinary without limitation, all additions and alterations constructed on the Leased Premises), reasonable wear and teartear and casualty not attributable to Tenant’s act or omission excepted. If the Leased Premises are damaged at the time of surrender due to an act or omission of Tenant, Tenant’s responsibility for that damage shall be limited to that portion of the repair or restoration not paid by casualty insurance maintained by Landlord. In removing its fixtures 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 remove personal property from the Property all furnitureLeased Premises, 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 to the Leased Premises resulting from such removal and shall restore the Property that removal. If Tenant fails 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 remove any of such property in such manner as or to adequately repair damage caused by the removal, Landlord may see fit and/or Landlord may retain such at Landlord’s option remove the property or sale proceeds as its property. If repair the damage, in which event the cost of removal or repair shall be due and payable by Tenant does not return possession of the Premises to Landlord in upon demand. Should Tenant continue to occupy the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Leased Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises Term, including any renewal thereof, such tenancy shall (without limitation of any of Landlord’s rights or remedies therefor) be that one at sufferance at a minimum monthly rental equal to one hundred fifty percent (150%) 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 rent payable for the last full month immediately preceding of the holdoverTerm. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall operate be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Leased Premises by summary proceedings or otherwise. Any provision in this Lease In the event that Landlord is unable to deliver possession of the contrary notwithstanding, Leased Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant shall constitute a default on the part after receipt of Tenant under this Lease entitling Landlord Landlord’s notice to exercisevacate, 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 to Landlord for all damages, including including, without limitation, consequential damages, that Landlord suffers as a result of the Tenant’s holdover.
Appears in 1 contract
Samples: Agreement of Sale (Lenox Group Inc)
Surrender. (a) 12.1 On the date on which this Lease expires Expiration Date, or terminates, Tenant shall return upon the earlier termination of the Sublease or of Subtenant's right to possession of the Premises Sublease Premises, Subtenant will at once surrender and deliver up the Sublease Premises, together with all improvements thereon, to Landlord Sublandlord in as good conditioncondition and repair as when delivered to Subtenant, except for ordinary reasonable wear and tear and casualty excepted. Conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear." Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises.
12.2 All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. At Sublandlord's written request Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alterations and repair any damage occasioned by such removal or restoration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and except for casualty Subtenant does not complete such removal in accordance with this Section, Sublandlord may remove the same (and repair any 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 remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwiseoccasioned thereby), and all other personal property installed dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand.
12.3 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Tenant Sublandlord prior to the Commencement Date ("Sublandlord Alterations") or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall to 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 Sublease Premises to Landlord in the their 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 prior to the provisions making of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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.such
Appears in 1 contract
Samples: Consent to Sublease (Aquantive Inc)
Surrender. (a) On Upon the date on which expiration or termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good their original condition, except for ordinary reasonable wear and tear, damage from casualty or condemnation and except for casualty damage or other conditions any changes resulting from approved Alterations; provided, however, that Tenant is not required to remedy under this Lease. Prior 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 Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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, 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 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.
Appears in 1 contract
Surrender. (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 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 located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, 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 on demand for all costs of removal and storage thereof. 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 damages Landlord may suffer.
(b) If 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 remains in possession shall surrender all keys to the Premises or any other part of the Premises after 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, 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 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.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or terminatesany renewal term, Tenant or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall 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 damaged items 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 to Landlord in 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, 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 terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of the lease will be extended for the last subsequent full month immediately preceding periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the holdoverlease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under the lease (including 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 all periodic rental payments due during such 90 day period, as provided in Paragraph 9 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 holdoverlease).
Appears in 1 contract
Samples: Master Lease Agreement (Ligand Pharmaceuticals Inc)
Surrender. (a) On Tenant agrees that on the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good conditionTenn, 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 on the expiration or sooner termination of this Lease, Tenant shall remove from surrender the Property premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all furnitureinterior walls cleaned and repaired, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)any carpets cleaned, and all other personal property installed floors cleaned and waxed, and (b) otherwise in accordance with Paragraph 32(e). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of 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 to Landlord in the condition required obligations under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after . On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s occupancy of 's Property (as hereinafter defined) and Tenant's signage from the Premises shall be that of a tenancy at will. Tenant’s occupancy during Premises, the Building and the Project and repair any holdover period shall otherwise be subject damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the provisions of this Lease Expiration Date (unless clearly inapplicable), except that the Monthly Rent shall be double 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 termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant defaultat Tenants expense to remove any or all Alterations and to repair any damage caused by such removal except those installed in the original tenant improvement or approved in writing to not remove. 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 waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall be remain liable to Landlord for all damages, including consequential damages, that costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord suffers requires Tenant to remove shall remain in the Premises as a result the property of the holdoverLandlord.
Appears in 1 contract
Samples: Lease Agreement (Pixelworks Inc)
Surrender. (a) On Effective as of the date on which this Lease expires or terminateshereof (the "Surrender Date"), Tenant shall return 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 thereunder shall expire and terminate with the same effect as if the Surrender Date was the Expiration Date as set forth in good the Lease. The Tenth Floor Space shall be surrendered in “as is” condition, except for ordinary wear and tear, and except for casualty damage or other conditions the requirements that Tenant is not required to remedy under this Leaseleave the Tenth Floor Space in broom clean condition and that Tenant leave all of its furniture (excluding ten (10) six foot (6') high filing cabinets) in the Tenth Floor Space. Prior to the expiration or termination of this Lease, Tenant shall 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 The Seventh Floor Space shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property surrendered in such manner its “as Landlord may see fit and/or Landlord may retain such property or sale proceeds is” condition 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 sufferSurrender Date.
(b) If Tenant remains represents and warrants to Landlord that: (1) Tenant is the present tenant under the Lease and Tenant has not assigned, conveyed, encumbered, pledged, sublet or otherwise transferred, in whole or in part, its interest in the Lease, nor shall Tenant do any of the foregoing prior to the Surrender Date, (2) there are no persons or 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 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 Premises and the termination of the Lease.
(e) Tenant shall pay to Landlord on 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 Landlord’s execution of this Agreement and acceptance of the 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 expiration Surrender Date, it shall be determined that any Fixed Rent, additional rent, all other items of rental or termination other sums and charges shall have been due and payable for any period prior to the Surrender Date, Tenant shall pay such amounts to Landlord within ten (10) days after rendition of this Leasea xxxx therefor. In addition, Tenant’s occupancy the obligation of Tenant under the Lease to pay escalations of any sort with respect to the Premises (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 shall have accrued prior to 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 Premises Surrender Date, there shall be that no apportionment of a tenancy at willRental for the month of September 2001, nor shall any prepaid portion of Rental be refunded to Tenant. Tenant’s occupancy during any holdover period shall otherwise be subject to the The terms and provisions of this Lease (unless clearly inapplicable)Paragraph 2(e) shall survive the surrender of the Premises. Notwithstanding the foregoing, except Landlord and Tenant acknowledge that if this Agreement is executed and delivered after September 30, 2001, then for any period commencing on October 1, 2001, and continuing through and until the Monthly date this Agreement is executed and delivered, Fixed Rent and additional rent shall be double 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 defaultadjourned, and Tenant shall only be liable obligated for the payment of electricity and other similar charges for other utilities; provided however, if the Condition is not satisfied or waived by Landlord and this Agreement becomes null and void, Tenant agrees to pay to Landlord within two (2) days of the termination of this 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 the Term.
(f) Tenant (1) shall pay all transfer taxes, if 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 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 tax imposed by Title 11, Chapter 21 of the 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 damagesof the furniture located in the Premises to Bank of New York, including consequential damagesthen 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 suffers as a result has no further right, title or interest in the Letters of Credit.
(h) Landlord and Tenant, each upon the request of the holdoverother, at any time and from time to time hereafter and without further consideration, shall execute, acknowledge and deliver to the other any instruments or documents, or take such further action, as shall be reasonably requested or as may be necessary to more effectively assure the surrender of the Premises, and the full benefits intended to be created by this Agreement.
Appears in 1 contract
Samples: Surrender Agreement (Liveperson Inc)
Surrender. (a) On Upon termination of the date on which this Lease expires Term or terminatesTenant's right to possession of the Premises, Tenant shall return possession of the Premises to Landlord in good order and condition, except for ordinary wear and teartear and damage by fire or other casualty excepted; provided, however, that if Tenant is insured (or required pursuant to this Lease to be insured) for any such damage, Tenant shall, at the election of Landlord, either (i) apply the insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required pursuant to this Lease) to repair such damage or (ii) surrender such insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required by this Lease) to Landlord upon surrender of the Premises. If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner, and except for casualty damage or other conditions that upon such removal Tenant is not required shall restore the Premises to remedy under this Lease. Prior its condition prior to the expiration or installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises, and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of this Leasethe Term or Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall remove from be conclusively presumed to have conveyed the Property all furnituresame to Landlord without further payment or credit by Landlord to Tenant, 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 at Landlord's sole option such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required items shall be deemed abandoned, in which event Landlord may cause such items to be removed and Landlord, disposed of at Tenant’s '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.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises which shall be that one hundred fifteen percent (115%) of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject Landlord's actual cost of removal, without notice to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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, and without obligation to provide compensate 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 except as a result of the holdoverotherwise required by law.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration of this Lease expires Sublease, or terminates, Tenant shall return upon the termination of the Sublease or of the Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon (except as provided below), to Landlord in good conditioncondition and repair, except for ordinary reasonable wear and tear, tear and except for casualty damage or other conditions that Tenant is not required to remedy under this Leaseexcepted. Prior to the expiration or termination of this Lease, Tenant shall 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 Conditions existing because of Tenant’s personal property not removed failure to perform maintenance, repairs or replacements 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.
(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 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 Sublease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant, except as otherwise provided in the Prime Lease. Tenant shall also remove any Alterations made by Tenant, which Prime Landlord may require Landlord to exerciseremove (and repair any damage caused by such removal), without obligation pursuant to provide Tenant any notice or cure period, all the terms of the remedies available to Prime Lease. If Prime Landlord in the event requires removal of any Alteration made by Tenant, or a Tenant defaultportion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby and redecorate such damaged area), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall be liable for all damagespay the costs of such removal, including consequential damagesrepair, that Landlord suffers delivery and warehousing on demand. If this Sublease terminates prior to the Expiration Date as a result of a breach by Tenant then Tenant shall deliver all Furniture to Landlord in substantially the holdoversame condition as it exists on the Commencement Date, ordinary wear and tear and casualty excepted (and Tenant’s license to use the Furniture shall automatically cease), immediately upon such early termination of this Sublease. Upon the Expiration Date, absent a default hereunder, the Furniture shall become Tenant’s property and Landlord shall execute a xxxx of sale (without recourse, representation or warranty) in favor of Tenant to evidence such transfer of ownership.
Appears in 1 contract
Samples: Sublease (Everyday Health, Inc.)