Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 4 contracts
Sources: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 4 contracts
Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease, . Tenant shall surrender additionally, as of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionExpiration Date, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone of Tenant’s Personal Property and other cabling installed in perform all repairs and restoration required by the Building by Tenant and remove from the Premises all removal of any Alterations or Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same’s Personal Property, and Tenant shall pay surrender to Landlord on demand for all costs of removal and storage thereof and for the rental value of keys to the Premises for the period from the end of the Term through the end of the time reasonably required for such removal(including without limitation any keys to any exterior or interior doors). Landlord shall also have the right may elect to retain or dispose of all in any manner any Alterations or any portion of such property if Tenant’s Personal Property that Tenant does not pay all remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such costs and retrieve the property within ten (10) days after Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and Tenant vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, ’s retention or disposition of any such propertyAlterations or Tenant’s Personal Property. Upon expiration Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or termination disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Lease or of Tenant's possession, whichever is earliestParagraph, Tenant shall surrender indemnify, defend, and hold Landlord harmless from and against all keys to the Premises or liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including without limitation any other part of the Building and shall deliver to Landlord all keys claim for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedamages made by a succeeding tenant.
Appears in 3 contracts
Sources: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either party.
Appears in 3 contracts
Sources: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 3 contracts
Sources: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)
Surrender. Upon On the expiration last day of the Term, or on the sooner termination of this Leasethereof, Tenant shall will peaceably surrender the Premises in good condition and all repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant Improvements and Alterations will give written notice to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that at least 30 days prior to vacating the expiration Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date of sooner termination of this Lease thereof, Tenant shall may, at its sole cost and expense, remove all telephone of its property and other cabling installed in the Building by Tenant trade fixtures and remove equipment from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any all damage to the Premises caused by such removal. If such removal is All property not completed before the expiration or termination of the Term, removed will be deemed abandoned. Tenant hereby appoints Landlord shall have the right (but no obligation) its agent to remove the same, and all property of Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of not so removed from the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or upon termination of this Lease or and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, improvements, alterations, additions and fixtures, other than Tenant's possessiontrade fixtures and equipment, whichever is earliestwhich have been made or installed by either Landlord or Tenant upon the Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and will be surrendered with the Premises as a part thereof. Tenant shall will promptly surrender all keys to for the Premises or any other part of the Building and shall deliver to Landlord all keys at the place then fixed for or make known to the payment of Rent and will inform Landlord the combination of combinations on any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 3 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. Upon 17.1 Tenant shall, on the expiration last day of the Term, or upon the sooner termination of this Leasethe Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other personal property, and in good order and condition, reasonable wear and tear excepted, and Tenant shall surrender remove or demolish all of the fixtures, structures and other improvements which Landlord shall elect pursuant to and in accordance with Section 6.4 hereof. Any property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and all Tenant Improvements disposed of, but the cost of any such removal and Alterations to Landlord broom-clean disposition and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair repairing any damage caused by such removalremoval shall be borne by Tenant. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
17.2 Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to one hundred-fifty percent (150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration or sooner termination of the term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value term of the Premises for Lease, such holding over shall not be deemed to extend the period term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to at the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesRent as herein increased. Tenant's obligations under this Section This provision shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days' notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either parry.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 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 such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)automatically extended for a term of 3 months. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalThereafter, storage, retention, or disposition of any such property. Upon expiration or termination the term of this Lease or will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion 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. TenantLessee's obligations under this Section shall survive the expiration or termination Lease (including payment 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 of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.
Appears in 3 contracts
Sources: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditiongood condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Article 6 (Tenant Improvements & Alterations), and repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in the same condition as delivered to Tenant, except for ordinary wear and tear, except for Alterations not required to be removed by Tenant by the terms of this Lease, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to the same condition as delivered to Tenant, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the monthly installment of Minimum Annual Rent shall be (i) 125% of the monthly installment of Minimum Annual Rent payable for reasonable wear the last full month immediately preceding the holdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and tear, damage from casualty (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. At Tenant’s advance written request, Landlord agrees to give Tenant thirty (30) days’ prior written notice of any prospective damages that may arise from such holdover, including as a result of an executed lease for the rental value all or part of the Premises for after the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseTerm.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date of termination.
Section 16.3. Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability excluding consequential damages) resulting from the failure or delay by Tenant shall in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and all will be impossible to accurately measure. Tenant Improvements and Alterations therefore agrees that if possession of the Premises is not surrendered to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to upon the expiration or sooner termination of the Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all material factors reasonably relevant to such determination, or one and one-half (1 1/2) times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from to retain possession of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalafter the expiration or sooner termination of the Term. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord such holding over shall have the right (but no obligation) not be deemed to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to statute in effect in the state where the Premises is located which would contravene or any other part of limit the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located provisions set forth in the Premises. Tenant's obligations under this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises on or prior to such expiration or termination all Tenant's personal property situated thereon which is not owned by Landlord and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and shall repair any damage caused by such removal. If Property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Landlord shall credit the net proceeds of a disposition of such property actually realized by Landlord against such costs to be borne by Tenant, provided that the Lease termination giving rise to such disposition was not caused by an Event of Default hereunder. In the event that this Lease is not completed before terminated with respect to a particular Project (either as a result of a default, or the expiration hereof, or termination otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the Termforegoing, Landlord shall have be allowed (and Tenant hereby grants to Landlord the right (but no obligationoption) to remove purchase such Tenant's Personal Property from Tenant for an amount equal to the samefair market value of Tenant's Personal Property. Tenant's Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. If Tenant abandons Tenant's Personal Property, and Tenant it shall pay become the property of Landlord on demand for all costs of removal and storage thereof and for the rental as outlined above. The fair market value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in LandlordTenant's notice Personal Property shall be transferred to determined by the mutual agreement of Landlord and vest in Landlord)Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition The provisions of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the termination or expiration or termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations Property to Landlord broom-clean and in their original conditionthe same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsexpense, and shall at such times of removal, repair any damage caused by such removal. If Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred borne by Tenant. Notwithstanding anything to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalthe contrary contained herein, storage, retention, or disposition of any such property. Upon expiration or upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of Tenantthe term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's possessionconsent shall entitle Landlord, whichever is earliestin addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender all keys to the Premises or and any other part of the Building and shall deliver lost profits to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. Upon Sublessee shall at the expiration or other termination of this LeaseSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall surrender without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and all Tenant Improvements and Alterations otherwise restore the Subleased Premises to Landlord broom-clean and in their original conditionits condition as of the Sublease Commencement Date, except for reasonable or such better condition as the Subleased Premises may have thereafter been placed by Sublessee, ordinary wear and teartear and damage by fire or other casualty thereof only excepted. In the event of the Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or damage from casualty thereto, and at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or condemnation to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed, or to assign such rights to Prime Landlord, and any changes resulting from approved Alterations; provided, however, that prior to apply the net proceeds of such sale to the expiration or termination payment of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retentionsum due hereunder, or disposition of any to destroy such property. Upon expiration or termination In the event of this Lease or of Tenant's possessionsuch failure to vacate the Subleased Premises on the date and as provided herein, whichever is earliestthe Sublease Rent shall, Tenant shall surrender all keys immediately and without notice, accrue and be payable at a rate equal to the Premises or any other part two hundred (200%) percent of the Building Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall deliver indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord all keys for or make known to Landlord under the combination Prime Lease by reason of locks on all safes, cabinets and vaults that may be located in the Premisessuch holdover. Tenant's Sublessee’s obligations under this Section shall survive the expiration or earlier termination of this LeaseSublease.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. Upon Tenant shall, at the expiration or termination of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for excepting only reasonable wear and tear, tear and damage from casualty by fire or condemnation other insured casualty. Tenant shall have no right to hold over beyond the expiration of the Term and any changes resulting from approved Alterations; in the event Tenant shall fail to deliver possession of the Premises as herein provided, howeversuch occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that time calculated under the provisions of the Lease. If Tenant fails to surrender the space within thirty (30) days of the termination date, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord's option, with a Rent of two hundred percent (200%) the sum of the Rent as those sums are at that prior to time calculated under the provisions of the Lease. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or sooner termination of the TermTerm shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorney's fees incurred by Landlord shall have the right as a result of such holdover. Landlord agrees to treat Tenant as a holdover (but no obligationas opposed to a trespasser) to remove the same, so long as Landlord and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for are negotiating in good faith to extend the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination term of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Immune Response Corp), Lease Agreement (Immune Response Corp)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. Landlord’s initials Tenant’s initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. Upon On the expiration last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the Leased Premises for to secure the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good, broom-clean condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant Improvements or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and Alterations shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in accordance with California law. If ▇▇▇▇▇▇ does not return possession of the Property to Landlord broomin the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a month-clean to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable) except that the Monthly Base Rent shall be 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdover and in their original condition, except for reasonable wear and tear, damage from casualty Tenant shall continue to pay Operating Expenses. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. A. Upon the any termination or expiration or termination of this Lease, Tenant shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as existed at the Commencement Date, except for reasonable normal wear and tear, tear and damage from casualty caused by the fire or condemnation and any changes resulting from approved Alterationsother casualty; provided, however, that prior nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other part of this Lease. Tenant shall remove the Alterations it is required to remove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the Demised Premises upon termination of this Lease Tenant shall remove and to cause its transportation and storage for Tenant's benefit, all telephone at the sole cost and other cabling installed in the Building by risk of Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsshall not be liable for damage, theft, and repair any damage caused by such removal. If such removal is not completed before the expiration misappropriation or termination of the Term, loss thereof and Landlord shall have the right (but no obligation) to remove the same, and not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord on upon demand for all costs any expenses incurred by Landlord with respect to removal or storage of removal abandoned property and storage thereof with respect to restoring said Demised Premises to good order, condition and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaserepair.
Appears in 2 contracts
Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a b▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.
Appears in 2 contracts
Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term Tern through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage derange or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. Upon On the expiration Expiration Date or upon the termination of this Leasehereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good order, condition and in their original conditionrepair, except for reasonable wear and teartear only excepted. On or before the last day of the Term or the sooner termination thereof, 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 its expense remove all telephone of its furnishings, equipment and other cabling installed in the Building by Tenant and remove personal property from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsPremises, and repair repairing any damage caused thereby, and any property not so removed shall be deemed abandoned. At the election of Landlord, all alterations, additions and fixtures, other than Tenant’s trade fixtures, which have been made or installed by such removal. If such either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or Landlord may require removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from same at the end of the Term through or upon the sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises are not vacated and surrendered at the end of the time reasonably required for such removal. Landlord shall also have the right to retain Term or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or of Tenant's possession, whichever is earliestthereof, Tenant shall surrender indemnify Landlord against any and all keys to the Premises or any other part of the Building loss, cost, damage, liability and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets expense resulting from delay by Tenant in so vacating and vaults that may be located in surrendering the Premises. Tenant's obligations under this Section , including, without limitation, claims made by any succeeding tenant founded on such delay, which indemnity obligation shall survive the expiration or earlier termination of this LeaseLease Agreement. Tenant shall promptly surrender all keys for the Premises to Landlord and shall inform Landlord of any combinations to any locks and/or safes on the Premises.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. L▇▇▇▇▇▇▇’s initials Tenant’s initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after receipt of notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Delivery Date, normal wear and tear, fire or other casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that are Landlord's responsibility under this Lease, 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 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 surrender indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable Premises. Normal wear and tear, damage from casualty or condemnation for the purposes of this Lease, shall be construed to mean wear and any changes resulting from approved Alterations; provided, however, that prior tear caused to the expiration Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or termination deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termlease, Landlord shall have the right (but no obligationoption of terminating all existing subleases or accepting any sublease(s) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain as a direct lease 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 Leaseleases.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-the Leased Premises, broom clean and in their original conditiongood order, except for reasonable condition and repair and otherwise in the condition and in a state of repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear, damage from casualty tear and acts of Casualty Damage which Landlord is obligated to repair or condemnation and any changes resulting from approved Alterationsreplace excepted; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's its personal property and any Trade Fixtures and all Alterations that property affixed to the Leased Premises or improvements, additions or alterations to the Leased Premises which Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage to the Building caused by such removal. If Tenant shall fail to remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such property or improvements, additions or alteration to be removed at Tenant’s expense. Tenant hereby agrees to pay all costs and expenses of any removal is not completed before and of the repair of any damage to the Leased Premises caused by such removal. On the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease or of Tenant's possession, whichever is earliestLease, Tenant shall surrender all keys shall, in addition to the Premises or any other part of the Building and shall foregoing, deliver to Landlord all keys for and combinations to locks, safes and vaults. Any and all property remaining on the Leased Premises after the expiration of the Lease Term or make known earlier termination of this Lease shall, at the option of Landlord, become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesTenant. Tenant's obligations under this Section ’s obligation to observe and perform these covenants shall survive the expiration of the Lease Term or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove under the provisions of this Lease (except as expressly provided for otherwise in Section 6.1 - Tenant Improvements & Alterations6.1), and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Surrender. Upon At the expiration or termination of this LeaseLease (including any renewal or extension) or the sooner termination thereof, Tenant shall surrender the Premises to Landlord, together with all additions, alterations and all Tenant Improvements and Alterations to Landlord broom-improvements thereto, in broom clean condition and in their original condition, good order and repair except for reasonable ordinary wear and tear, casualty damage from casualty or condemnation not caused by Tenant, and any changes resulting from approved Alterations; providedLandlord’s maintenance obligations. Nothing herein, however, that prior shall prohibit Tenant from removing any of its computers, voice and data network components, phone system components, phone switch, TV’s and other video equipment, satellite antennae, office equipment, furniture, office supplies, storage racks compressors, vacuum, wastewater and manufacturing equipment and other personal property (collectively “Tenant Equipment”) in accordance with the terms of this Lease. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Equipment. Any Tenant Equipment not removed by Tenant as permitted herein shall be deemed abandoned thirty (30) days after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or earlier termination of the TermLease, and may be stored, removed and disposed of by Landlord in its discretion, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Tenant shall have be entitled to no payment or offset for the right value of any abandoned property (but no obligationeven if sold by Landlord) to remove the same, and Tenant shall pay Landlord on demand all reasonable costs incurred by Landlord in connection with such removal or disposal. No retention, disposal or sale of such abandoned property shall limit remedies otherwise available to Landlord hereunder for all costs a breach of removal and storage thereof and for the rental value this Agreement by Tenant. All obligations of Tenant hereunder not fully performed as of the Premises for the period from the end termination or expiration of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration such termination or termination of this Leaseexpiration, until they are performed.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Luna Innovations Inc), Industrial Lease Agreement (Luna Innovations Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, acts of Landlord or its Agents or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including reasonable storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within fifteen (15) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 13.1 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant’s liability for repairs and restoration hereunder.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. A. Upon expiration or other termination of the Lease Term, Tenant shall promptly quit and surrender to Landlord the Premises broom clean, in good order and condition, ordinary wear and tear and loss by fire or other casualty excepted unless due to the negligence of Tenant, and Tenant shall remove all of its movable furniture and other effects and such Alterations as Landlord shall have required Tenant to remove pursuant to Section 8.C. If Tenant fails to so vacate the Promises, Tenant shall be responsible to Landlord for all costs incurred by Landlord as a result of such failure, including amounts required to be paid to third parties who were to have occupied the Premises.
B. All movable furniture and personal effects of Tenant not removed from the Premises upon their abandonment or upon termination of this Lease shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant or any other person, and without obligation to account therefor, and Tenant shall pay Landlord all expenses incurred in connection with the storage and/or disposition of such property.
C. If, after the expiration or termination of this Lease, Tenant shall surrender without any express written agreement remain in possession of the Premises and continue to pay rent then such holding-over shall be deemed to be a holding upon a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant Improvements to be observed and Alterations performed, at a monthly rent equivalent to Landlord broom150% of the monthly installment paid by Tenant immediately prior to such expiration or the then current market rental rate, whichever is greater. All such rent shall be payable in advance on the same day of each calendar month. Such month-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 to-month tenancy may be terminated by either party upon 10 days notice prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such propertymonthly period. Upon Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the 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 Lease Term or, if so accepted, as relieving Tenant of its liability and shall deliver obligations pursuant to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseSection.
Appears in 1 contract
Surrender. Upon On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises in good order, condition and repair (reasonable wear and tear only excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. Furthermore, Tenant shall be responsible to return to its original condition (reasonable wear and tear only excepted) the “controlled environment area” (the “Clean Room”) situated in a portion of the Demised Premises in the event that Landlord advises Tenant, in writing, to do so within one hundred twenty (120) days after the Expiration Date or earlier termination of this Lease. Landlord will attempt to, but is not obligated to, re-let the Demised Premises to a tenant who would accept the Clean Room in its “as is” condition and, if Landlord is successful in re-letting the Demised Premises to a tenant who will use the Clean Room in its “as is” condition, Tenant shall be absolved from its obligation to restore the Clean Room portion of the Demised Premises to its original condition. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall surrender the Premises and all indemnify Landlord against loss or liability, claims, without limitation, made by any succeeding 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 founded on such delay. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the Premises or any other part place then fixed for payment of the Building rent and shall deliver to inform Landlord all keys for or make known to Landlord of combinations of any locks and safes on the combination of locks on all safes, cabinets and vaults that may be located in the Demised Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and all tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. All Tenant-Made Alterations, including the initial Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from Premises, shall, at Landlord’s option, remain upon the Premises all and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant's personal property and any Trade Fixtures and all -Made Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the be removed upon expiration or termination of the TermLease, Tenant hereby agrees to cause same to be removed at Tenant’s sole cost and expense. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord shall have the right (but no obligation) to remove the sameat Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or All obligations of Tenant hereunder not fully performed as of the termination of this the Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section Term shall survive the expiration or termination of this Leasethe Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the foregoing, Tenant, upon submitting its request to Landlord to make any Tenant-Made Alterations, including all or any portion of the initial Tenant Improvements pursuant to Exhibit C hereto, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove the Tenant-Made Alterations, for which consent is being sought, at or prior to the end of the Lease Term. If Tenant shall fail to request such information in its request to make any Tenant-Made Alterations, then all such Tenant-Made Alterations shall thereafter be subject to the exercise of Landlord's rights to require removal of such Tenant-Made Alterations. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Tenant-Made Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Tenant-Made Alterations in question at or prior to the end of the Lease Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the Tenant-Made Alterations which were the subject of Tenant's request.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Surrender. Upon Section 21.01 On the expiration Termination Date or upon the sooner termination of this Lease or upon any reentry by Landlord pursuant to Article 18 upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty, together with all Tenant Improvements which are not required to be removed at the end of the Term by Tenant under Article 10 and Fixtures and any Tenant Improvements which Tenant has the option to remove but does not in fact remove (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property, all Tenant Improvements which are required to be removed at the end of the Term under Article 10 and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been, abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any reasonable expense reasonably incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Termination Date or the date of earlier termination of this Lease falls on a day which is not a Business Day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to the immediately preceding Business Day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall surrender hereby indemnifies Landlord against actual, direct liability to the Premises and all extent resulting from delay by Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionso surrendering the Premises, except for reasonable wear and tear, damage from casualty including any claims made by any succeeding tenant or condemnation prospective tenant founded upon such delay and any changes other loss, cost or damage (consequential or otherwise) resulting from approved Alterations; providedtherefrom, subject, however, that prior to the expiration or provisions of Section 18.07.
Section 21.04 In the event Tenant remains in possession of the Premises after the termination of this Lease Tenant without Landlord’s consent or the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected as a tenant at sufferance, at a per diem rental equal to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination two hundred (200%) percent of the Term, Landlord shall have the right (but no obligation) to remove the same, Annual Base Rent on a per diem basis; and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord responsible 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 and all direct damages Landlord actually incurs as a result thereof.
Section 21.05 Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations ’s obligation under this Section Article shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Carbonite Inc)
Surrender. Upon At the expiration or termination of this Lease, Tenant shall surrender immediate possession of the Leased Premises in good condition and all Tenant Improvements and Alterations repair subject to Landlord broom-clean and in their original condition, except for reasonable wear and tear, changes and alterations (approved, if and to the extent necessary, in accordance with this Lease), damage by fire, casualty and the elements (with respect to which proceeds from casualty Tenant’s insurance required by this Lease have been paid to Landlord or condemnation Landlord’s lender as loss payee, if and to the extent necessary, in accordance with this Lease), and other repairs which are ▇▇▇▇▇▇▇▇’s obligation. Any holding over by Tenant shall not operate, except by written agreement, to extend or renew this Lease or to imply or create a new lease, but in case of any changes resulting such holdover, Tenant shall be deemed to occupy the Premises as a tenant from approved Alterations; providedmonth to month, howeversubject to all conditions, provisions and obligations set forth in this Lease insofar as the same are applicable to a month-to-month tenancy, except that Tenant shall pay to Landlord on a month-to-month basis, an amount of Fixed Rent that equals one hundred twenty-five percent (125%) of the Fixed Rent payable immediately prior to such holdover, for each month of holdover, together with all Additional Rent that would otherwise be due hereunder, and in addition Landlord shall have all remedies as may be available in law or equity. All Trade Fixtures, movable furniture and personal effects of Tenant not removed from the expiration Leased Premises upon the vacation or abandonment thereof or upon the termination of this Lease Tenant for any cause whatsoever shall remove all telephone conclusively be deemed to have been abandoned and other cabling installed in the Building may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected without obligation to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the sameaccount therefor, and Tenant shall pay reimburse Landlord on demand for all costs of removal and storage thereof and for reasonable expenses incurred in connection with 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 disposition of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)
Surrender. Upon the On expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises Premises, and all Tenant Improvements Tenant's improvements thereto and Alterations to Landlord broom-alterations thereof, broom clean and in their original condition, good condition (except for reasonable ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage from casualty to the Premises under the provisions of this Article 25 or condemnation Article 15), and shall remove all of its personal property including any changes resulting from approved Alterations; providedsigns, howevernotices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, that prior to the expiration or termination of this the Lease term. If any such removal would damage the Building structure, Tenant shall remove all telephone give Landlord prior written notice thereof and other cabling installed Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in the Building by any manner any such improvements or alterations or personal property that Tenant and does not remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the on expiration or termination of the Term, term as allowed or required by this Lease and title to any such improvements or alterations or personal property that Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right so elects to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from arising out of Landlord's removal, storage, retention, retention or disposition of any such property. Upon expiration improvements, alterations 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 personal property and shall deliver be liable to Landlord all keys for Landlord's costs of storing, removing and disposing of any such improvements, alterations or make known personal property which Tenant fails to Landlord the combination of locks on all safes, cabinets and vaults that may be located in remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including reasonable attorneys' fees) arising out of or in connection with Tenant's obligations under failure to surrender the Premises in accordance with this Section shall survive the expiration or termination of this Lease25.1.
Appears in 1 contract
Sources: Office Lease (Trimark Holdings Inc)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the applicable Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the 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.
Appears in 1 contract
Sources: Lease Agreement (Inktomi Corp)
Surrender. Upon the expiration or earlier termination of this LeaseSublease, Tenant shall surrender Subtenant must (i) remove from the Sublease Premises all of its personal property and trade fixtures, cabling and any improvements and/or alterations required to be removed pursuant to Section 22(b) and repair all damage caused thereby and restore the Sublease Premises to the condition it was in prior to such installation and (ii) deliver the Sublease Premises (and all Tenant Improvements and Alterations keys thereto) to Landlord Sublandlord broom-clean and in their original condition, except for good order and repair (reasonable wear and teartear excepted) and otherwise in the condition required by the Master Lease (provided that in no event will Subtenant be required to perform any restoration, damage from casualty repair or condemnation and any changes resulting from approved Alterations; provided, however, that removal work required under the Master Lease with respect to the condition of the Sublease Premises prior to the expiration Delivery Date or termination of this Lease Tenant shall remove all telephone and with respect to any alterations, modifications, additions or other improvements (except with respect to any cabling installed in by Subtenant) that were not made, provided, or installed by Subtenant). Subtenant acknowledges and agrees that possession of the Building by Tenant and remove from the Sublease Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected must be surrendered to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before Sublandlord at the expiration or sooner termination of the Term. Subtenant agrees it will indemnify and save Sublandlord harmless against all costs, claims, loss or liability resulting from delay by Subtenant in so surrendering the Sublease Premises, including, without limitation, any claims made by any succeeding subtenant or occupant founded on such delay. The parties agree that the damage to Sublandlord resulting from any failure by Subtenant to surrender possession of the Sublease Premises on a timely basis as aforesaid will be extremely substantial, will exceed the amount of Rent theretofore payable hereunder, and will be impossible to accurately measure. Subtenant therefore agrees that if possession of the Sublease Premises is not surrendered to Sublandlord on the Sublease Expiration Date or earlier termination of the Term as required under this Sublease and the Master Lease, then Subtenant agrees to pay to Sublandlord as holdover rent for each month and for each portion of any month during which Subtenant holds over in the Sublease Premises after the expiration or earlier termination of the Term, Landlord shall have a sum equal to the right greater of (but no obligationi) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value one hundred fifty percent (150%) of the Premises Base Rent which was otherwise payable for such period or (ii) any and all charges incurred by Sublandlord under the period from the end Master Lease. Nothing contained herein will be deemed to authorize Subtenant to remain in occupancy of the Term through Sublease Premises after the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or 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 Sublease. The indemnity provisions contained in the Premises. Tenant's obligations under this Section shall subsection will survive the expiration or earlier termination of this LeaseSublease.
Appears in 1 contract
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by 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 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 (including, without limitation, the items of property listed on Exhibit C attached hereto) 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 L▇▇▇▇▇▇▇’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 Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion 15% of such property if costs, promptly upon Landlord’s delivery to Tenant does not pay all of an invoice therefor, and any time required by Landlord to complete such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice obligations shall be transferred to considered a period of holding over and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition the terms of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant Paragraph 22 shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseapply.
Appears in 1 contract
Surrender. Upon 19.01 - On the expiration last day of the term demised, or the sooner termination of this Leasethereof, Tenant shall peaceably surrender the Premises broom clean, in good order, condition and all repair wear and tear excepted. On or before the last day of the term or the sooner termination thereof, Tenant Improvements shall, at its expense, remove its trade fixtures and Alterations signs from the Premises, and any property not removed shall be deemed abandoned and may be removed and disposed of by Landlord and the expense of such removal shall be paid 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 without any setoff for the salvage value of goods so removed. If the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is be not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from surrendered at the end of the Term through term or the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or of Tenant's possession, whichever is earliestthereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys to for the Premises or any other part of the and Building and shall deliver bathrooms to Landlord all keys at the place then fixed for or make known to Landlord the combination payment of locks on all safes, cabinets and vaults that may be located in the Premisesrent. Tenant's obligations under this Section covenants hereunder shall survive the expiration or termination of this Lease.
19.02 - If the Tenant shall occupy the Premises with the consent of the Landlord after the expiration of this Lease and rent is accepted from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term expiring on the last day of the month next following the month in which the said Lease expired, and occupation thereafter shall operate to extend the term of this Lease for but (1) month at a time unless other terms of such extension are made in writing and signed by the parties hereto. In such event, if either Landlord or tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party at least thirty (30) days written notice to that effect. Failure on the part of the Tenant to give such notice shall obligate it to pay rent for an additional calendar month following the month in which the Tenant has vacated the Premises.
Appears in 1 contract
Surrender. Upon 2.2.1 On or before the expiration or termination of this LeaseTermination Date, Tenant shall peaceably and quietly leave the Premises and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-with all of the improvements, parts and surfaces thereof clean and free of debris, and in their original conditionthe condition required under the Lease, except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease tear excepted. Tenant shall not remove all telephone and any demising walls or other cabling installed in improvements made by Tenant during the Building Term of the Lease. Any personal property of Tenant not removed on or before the Termination Date shall be deemed to have been abandoned by Tenant and remove from may be disposed of or retained by Landlord at Landlord’s discretion. Tenant shall return all keys for the building, common areas and mailbox to Landlord and shall cause to be cancelled any security and/or alarm systems. Subject to the agreements, representations, warranties and indemnities contained in this Agreement, Landlord agrees to accept the surrender of the Lease and the Premises from and after the Termination Date and, effective as of the Termination Date, forever releases and discharges Tenant from all obligations to be observed and performed by Tenant under the Lease after the Termination Date, provided that Tenant has satisfied, performed and fulfilled all of the agreements set forth in this Agreement.
2.2.2 The failure by Tenant to timely vacate the Premises pursuant to this Agreement without the express written consent of Landlord shall constitute a material breach of this Agreement and the Lease. In the event Tenant materially breaches its obligations under this Agreement or the Lease prior to vacating the Premises, Tenant shall be liable for the full amount of the Rent and other charges due under the Lease, and all other losses, costs, damages, and expenses incurred by Landlord to the extent resulting from such breach. Provided that Tenant performs all its obligations under this Agreement, Tenant shall not be liable for Rent, Base Rent, Additional Rent, or any other monetary or nonmonetary obligations under the Lease after the Termination Date, and Landlord acknowledges all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided ’s payment obligations through the Termination Date will have been paid in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samefull, and Tenant shall pay Landlord on demand be liable only for all costs of removal and storage thereof and for those covenants under the rental value of the Premises for the period from Lease that expressly survive the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right Lease and relate to retain or dispose of all or any portion of such property if Tenant does not pay all such costs facts and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys circumstances occurring prior to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseTermination Date.
Appears in 1 contract
Sources: Lease Termination Agreement (Guardion Health Sciences, Inc.)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant’s improvements and/or alterations installed pursuant to Article 7.1, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casually, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be conclusively deemed correct, unless erroneous, for purposes of determining Tenant’s liability for repairs and restoration hereunder.
Appears in 1 contract
Surrender. Upon Tenant covenants and agrees to surrender possession of the expiration or Premises upon termination of this LeaseLease (whether by termination, Tenant shall surrender expiration or otherwise) in as good condition as on the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and Commencement Date (or in their original conditionthe case of improvements or alterations made or fixtures installed subsequent thereto, except for then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to as described in Article 11 which results in the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in repairs which are the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination responsibility of the TermAuthority, Landlord excepted. No act or thing done by the Authority during the Term shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs be deemed an acceptance of removal and storage thereof and for the rental value a surrender of the Premises for and no agreement to accept such surrender shall be valid, unless in writing signed by the period from the end Authority. The delivery of keys to any employee of the Term through the end Authority or of the time reasonably required for such removal. Landlord Authority’s agents 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 operate as a termination of this Lease or a surrender of Tenant's possessionthe Premises. If upon such termination Tenant fails to remove any personal property or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or before the Expiration Date, whichever is earliestthe Authority may, but without the obligation to do so, remove said personal property or trade 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 reimburse the Authority for any reasonable expense incurred by the Authority in connection with such removal and storage. Tenant shall indemnify, release and hold harmless the Authority from any and all damage, costs and expenses related to said removal or storage. In addition, the Authority shall have the right, but not the obligation, to dispose of such property as waste or sell such stored property and the proceeds of such sale shall be applied, first, to the cost of the sale, second, to the payment 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 surrender all keys pay such excess 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 LeaseAuthority upon demand.
Appears in 1 contract
Sources: Office Space Lease
Surrender. Upon 5.1. As of the expiration Occupancy Expiration Date (or the sooner termination of this the Lease), Tenant shall surrender vacate the Premises and all Occupancy Area in the condition required by Section 18 of the Initial Lease. Without limitation of the foregoing, Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty shall remove the Tenant Property on or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration Occupancy Expiration Date. In the event that Tenant does not vacate the Occupancy Area on or termination of this Lease Tenant shall remove all telephone and other cabling installed in prior to the Building by Tenant and remove from Occupancy Expiration Date (or the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or sooner termination of the TermLease), Landlord shall have all of the rights and remedies contemplated by the Initial Lease with respect to the original Leased Premises as to the Occupancy Area, including, but not limited to, the right (but no obligation) to remove the samecollect hold over rent, and such failure shall constitute a Default Event.
5.2. From and after the Occupancy Expiration Date (or the sooner termination of the Lease), the Surrendered Termination Areas shall again constitute Relinquished Areas as contemplated by the Third Amendment.
5.3. As of the Occupancy Expiration Date, the Lease (as amended hereby) shall terminate as to the Vacated Space and neither Tenant nor Landlord shall pay have any further liability or obligation with respect to the Lease (as amended hereby) as to the Vacated Space except for those liabilities and obligations of Tenant and Landlord on demand for all costs relative to the Occupancy Term that expressly survive a termination of removal the Lease as to the Vacated Space (which shall constitute Surviving Liabilities of Tenant and storage thereof Surviving Liabilities of Landlord, respectively) and Surviving Liabilities of Tenant and Surviving Liabilities of Landlord for the rental value applicable portion of the Premises Vacated Space for the period prior to the deletion of such space from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys pursuant to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseThird Amendment.
Appears in 1 contract
Sources: Lease (Brightpoint Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment (unless Landlord and Tenant agree otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in the condition required under this Lease, Tenant shall pay Landlord the actual costs incurred by Landlord to remove and restore.
(b) Subject to subsection (c) below, if Tenant remains in their original conditionpossession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant default, and remove from the Premises Tenant shall be liable for all Tenant's personal property and any Trade Fixtures and all Alterations damages, including consequential damages, that Landlord has elected to require Tenant to remove suffers as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination a result of the Termholdover.
(c) Provided no Event of Default on the part of Tenant has occurred and is continuing, Landlord Tenant shall have the right (but no obligation) to remove extend the sameLease Term for a 3-month holdover period by giving Landlord written notice of Tenant’s election to so extend the Term not less than 6 months prior to the Expiration Date. If Tenant timely provides such notice, and Tenant shall pay Landlord on demand the Term will be extended for all costs of removal and storage thereof and for the rental value 3 months at an Annual Minimum Rent equal to 150% of the Premises for Annual Minimum Rent in effect during the period from the end last lease year of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this LeaseTerm.
Appears in 1 contract
Sources: Lease Agreement (Uroplasty Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises Property all furniture, trade fixtures, equipment, and all other personal property installed by Tenant Improvements or its assignees or subtenants. Tenant shall not be required to remove its wiring and Alterations cabling unless Tenant cuts or damages such wiring and cabling, in which case Tenant shall be required to Landlord broom-clean remove such wiring 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 cabling prior to the expiration or termination of this Lease Lease. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by resulting from such removalremoval 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 such removal is Tenant does not completed before the expiration or termination return possession of the TermPremises to Landlord in the condition required under this Lease, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 one hundred 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.
Appears in 1 contract
Sources: Lease Agreement (Sourcefire 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 excepted and subject to the provisions of Section 7 and Section 8, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date of termination.
Section 16.3. Tenant acknowledges that possession of the Property must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall surrender pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to Property after the expiration or sooner termination of the Term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, one and one-half (1½) times the aggregate of the Fixed Rent and Additional Rent which was payable under this Lease Tenant with respect to the last month of the Term hereof. Nothing herein contained shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected be deemed to require permit Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalretain possession of the Property after the expiration or sooner termination of the Term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value Term of the Premises for the period from the end of Lease, such holding over shall not be deemed to extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs terms and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises statute or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located equitable right in effect in the Premises. Tenant's obligations under state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon No later than the expiration Expiration Date or earlier termination of Tenant's right to possession of the Premises (“Surrender Date”), Tenant must vacate and surrender the Premises to Landlord in good order and condition, vacant, broom clean, and in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and if Tenant shall does not vacate as required such failure is deemed an Event of Default and Tenant's occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the Rent that would otherwise be due under this Lease, without prorating for any partial month of holdover. The “Holdover Percentage” equals: (i) 150% for the first month of holdover; and (ii) 200% for any period of holdover beyond 1 month The provisions of this Section ▇▇▇▇ not constitute a waiver by Landlord of any right of reentry as set forth in this Lease, nor will 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. If Tenant fails to vacate and surrender the Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs, losses, expenses, or liabilities incurred as a result of such failure No later than the Surrender Date, at Tenant's expense 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 must remove from the Premises all Tenant's personal property and any Trade Fixtures Property, all alterations to the Premises made by or on behalf of Tenant, and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationstelephone, security, and repair communication equipment system wiring and cabling, and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal. If such removal is not completed before or replace the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value damaged component of the Premises and/or the Building if such component cannot be restored as reasonably determined by Landlord. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period from the end of the Term through the end of Surrender Date and 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 terms 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 LeaseExpiration Date.
Appears in 1 contract
Sources: Lease (Inpixon)
Surrender. Upon the expiration or sooner termination of this LeaseSublease, Tenant Subtenant shall vacate and surrender the Subleased Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as received, except for reasonable normal wear and tear, damage from by casualty or condemnation condemnation, and any changes resulting approved alterations, if any. Subtenant shall remove or cause to be removed from approved Alterations; providedthe Subleased Premises and Master Premises, however, that prior to the expiration or termination date and at Subtenant's expense, all of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all TenantSubtenant's personal property property, trade fixtures, signs and any Trade Fixtures alterations, additions or improvements made to the Subleased Premises by Subtenant for which Sublandlord's consent was not obtained. Subtenant shall repair all damage to the Subleased Premises and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage the Master Premises caused by such removal. If such or in connection with the removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs articles, including, without limitation, repairing the floor and retrieve patching and painting the property within ten (10) days after notice from Landlord (in which event title walls where required by Sublandlord to all such property described in LandlordSublandlord'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 removalreasonable satisfaction, 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 the Subleased Premises to Landlord all keys for Sublandlord broom clean and free of debris. Subtenant shall indemnify Sublandlord against any loss or make known to Landlord liability resulting from delay by Subtenant in so surrendering the combination Subleased Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay and the costs of locks on all safesremoving, cabinets storing and vaults that may be located in disposing of any property remaining at the Premises. Tenant's obligations under this Section shall survive Subleased Premises at the expiration or termination date of this LeaseSublease. Any property so remaining at the Subleased Premises shall be deemed to have been abandoned by Subtenant and become the property of Sublandlord which Sublandlord may dispose of in any manner without any liability to Subtenant whatsoever. Sublandlord may retain any proceeds it may receive from the sale or disposal of such property.
Appears in 1 contract
Sources: Sublease Agreement (Mylex Corp)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition in which the Leased Premises 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, and except for reasonable ordinary wear and tear. Upon such surrender, 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 (a) remove from the Leased Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that equipment (other than the Building Equipment) which is owned by Tenant or third parties other than Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and (b) repair any damage caused by such removal. If The personal property, Trade Fixtures and equipment not so removed shall become the property of Landlord. 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 any of the Leased Premises caused by such removal is shall be paid by Tenant to Landlord upon demand. Landlord shall not completed before 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 Section 26. If Tenant holds over in possession after the expiration or termination of the Term, then such holding over shall not be deemed to extend the Term or renew this Lease, but rather the tenancy thereafter shall continue as a tenancy at sufferance pursuant to the terms and conditions herein contained, at one hundred fifty percent (150%) of the Interim Rent or Minimum Rent in effect on the date of such expiration (plus the requirement that Tenant pay to Landlord shall have the right (but no obligation) to remove the same, all Additional Rent); and Tenant shall pay indemnify, defend, protect (with counsel selected by Landlord) and hold Landlord on demand for and all costs of removal Indemnitees wholly free and storage thereof harmless of, from and for the rental value against any and all damages, losses, costs, expenses and claims arising therefrom, including reasonable attorneys’ fees and costs. This Section 26 shall survive expiration, termination or rejection in bankruptcy of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 6,1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease . Tenant shall remove all telephone of its Trade Fixtures and other personal property, which personal property specifically includes all cabling installed in the Building Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remove from remain in the Premises Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsrestoration made necessary by, and repair any damage to the Premises caused by, the removal of its Trade Fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section 38. Landlord may, at its election, retain or dispose of in any manner any of Tenant's Trade Fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such removalTrade Fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Trade Fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's Trade Fixtures and personal property. If such removal is not completed before Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Base Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, Landlord shall have or the right (but no obligation) to remove amount provided by law, whichever is greater, for the same, entire time Tenant thus remains in possession and Tenant shall pay be liable for, shall indemnify Landlord on demand for against and shall hold Landlord harmless from all costs damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent in excess of removal 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and storage thereof and for (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the rental value prospective lease of part or all of the Premises for by reason of Tenant's failure to timely surrender the period from the end Premises. If Tenant, without Landlord's prior consent, remains in possession of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days Premises after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease or of Tenant's possessionLease, whichever is earliest, such possession by Tenant shall surrender all keys be deemed to the Premises or be a tenancy at sufferance terminable at any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasetime by either party.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Leaselease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 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 such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant lease shall remove all telephone and other cabling installed in be automatically extended for a term of 3 months. Thereafter, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord term of this lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalgiven at least 90 days written notice terminating this lease. If such removal is not completed before the expiration or Such termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose will take effect upon completion 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. TenantLessee's obligations under this Section shall survive lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time alter the expiration or termination of the Initial Term, if this Leaselease has been automatically extended as set forth herein. Lessor reserves the right to terminate this lease by 30 days written notice to Lessee.
Appears in 1 contract
Sources: Master Lease Agreement (Nanogen Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in as good condition as same were in on the Commencement Date, except for ordinary wear and tear, except for casualty or condemnation damage or other conditions that Tenant is not required to remedy under this Lease, and for acts of God and the elements. Prior to the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises Property all Tenant's wiring and cabling (unless Landlord directs Tenant otherwise), all furniture, trade fixtures and equipment, and all other personal property and any Trade Fixtures and all Alterations that Landlord has elected to require installed by Tenant to remove as provided in Section 6.1 - or its assignees or subtenants. Tenant Improvements & Alterations, and shall repair any damage caused by resulting from such removalremoval 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) Provided Tenant gives Landlord not less than six (6) months prior written notice of such removal is holdover, Tenant shall have the right to holdover in possession of the Premises for up to four (4) months (the “Initial Holdover Period”) under the same terms and conditions of this Lease, with the exception that (i) the Minimum Monthly Rent during the Initial Holdover Period shall be 103% of the immediately preceding Minimum Monthly Rent, (ii) Tenant shall be allowed to vacate the Premises at any time during such four (4) month period after giving Landlord thirty (30) days prior written notice, and (iii) Tenant shall not completed before be liable for any damages, including consequential damages, that Landlord suffers as a result of the holdover. If notice was not properly provided by Tenant for the Initial Holdover Period or if Tenant remains in possession of the Premises after the expiration or termination of the TermInitial Holdover Period, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period after the Initial Holdover Period (or after the Expiration Date if notice was not property given by Tenant for the period from Initial Holdover Period) shall otherwise be subject to the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination provisions of this Lease or of Tenant's possession(unless clearly inapplicable), whichever is earliest, Tenant except that the Minimum Monthly Rent shall surrender all keys to the Premises or any other part be 125% of the Building and shall deliver to Landlord all keys for immediately preceding Minimum Monthly Rent during the holdover period. No holdover 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 payment by Tenant after the expiration or termination of the Initial Holdover Period 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 LeaseLease to the contrary notwithstanding, any holdover by Tenant (other than during the Initial Holdover Period) 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
Sources: Lease Agreement (Shutterfly Inc)
Surrender. Upon 1. The Lessee covenants to Lessor to deliver up and surrender to the Lessor possession of the Leased Premises upon expiration of this Lease or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the Term of this Lease, Tenant shall surrender or may have been put by the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionLessor during the continuance thereof, except for reasonable ordinary wear and tear, or damage from casualty caused by Lessor excepted. Acceptance of delivery of the Leased Premises or condemnation opening same for business shall be deemed conclusive evidence that the Leased Premises were in good condition and any changes resulting from approved Alterations; repair at the commencement of the Term of this Lease, excepting items noted as per Exhibit D.
2. The Lessee shall at Lessee’s expense remove all alterations, additions and improvements as to which the Lessor shall have made the election hereinbefore provided, however, that repair all damage to the Leased Premises caused by such removal and restore the Leased Premises to the condition in which they were prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination installation of the Termarticles so removed, Landlord normal wear and tear excepted. Any property not so removed and as to which the Lessor shall have the right (but no obligation) to remove the samenot made said election, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred deemed to have been abandoned by the Lessee 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 retained or disposed of by the PremisesLessor, as the Lessor shall desire. Tenant's obligations under The Lessee’s obligation to observe or perform this Section covenant shall survive the expiration or of the Term of this Lease. It is expressly understood that this paragraph does not include the initial Improvements, which need not be removed upon termination of this Lease.
3. An Assignment for the benefit of creditors or by operation of law shall not be effective to transfer any rights to assignee without the written consent of Lessor first having been obtained, such consent not to be unreasonably withheld.
4. In the event that Lessee shall fail or refuse to vacate the Leased Premises at the end of the Term, unless doing so within the option to renew pursuant to Article XXV, the Minimum Monthly Rent shall be 150% of the Minimum Monthly Rent from the immediately preceding year. All powers granted to the Lessor by this Lease may be exercised and all obligations imposed upon the Lessee by this Lease shall be performed by the Lessee as well during any extension of the original Term of this Lease as during the original Term itself.
Appears in 1 contract
Surrender. Upon At the expiration or termination end of the Term of this Lease, Tenant shall will surrender the Premises to Landlord in the same condition as when received (and as improved) on the Rent Commencement Date, subject to ordinary wear and tear and damage by casualty. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 8 and Alterations that Landlord requires Tenant to remove by written notice given at the time Landlord provides its consent, all Alterations will become a part of the Premises and will become the property of Landlord at the end of the Term. In that event, Tenant will promptly remove prior to the end of the Term of this Lease the Improvements and Alterations to Landlord broom-clean designated by Landlord, and in their original condition, except for reasonable wear such Improvements 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 Alterations reasonably deemed by Tenant to be trade fixtures or proprietary to Tenant’s business, and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationswill promptly restore, patch, and repair any resulting damage, all at Tenant’s expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, and items of personal property owned by Tenan,t or installed by Tenant at its expense in the Premises will be and remain the property of Tenant. Tenant will, at its sole expense, remove all such items and repair any damage to the Premises caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) Tenant fails to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from any such items or repair such damage promptly before the end of the Term through the end of the time reasonably required this Lease, Tenant will be deemed to have abandoned it and Landlord may store it at Tenant’s expense or appropriate it 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, retentionitself, or disposition sell or dispense of any such property. Upon expiration or termination of this Lease or of it in its discretion, with no liability to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Office Lease (IonQ, Inc.)
Surrender. Upon At the expiration or earlier termination of the term of this Sublease, without notice, demand or action by Landlord, subject to the right of Landlord to require Tenant to demolish the Improvements, remove all debris resulting therefrom and restore the Land, Tenant shall yield the Property to Landlord in “good and operable condition”, normal wear and tear and damage by casualty excepted, and the Improvements and any other leasehold improvements shall become the sole property of Landlord without any compensation to Tenant and free and clear of any right, title, interest, claim or demand of Tenant or of anyone claiming through or under Tenant (or certain improvements will be demolished at the sole cost or expense of Tenant in Landlord’s sole discretion, unless Landlord terminates this Sublease during the initial twenty year term, and such termination is not due to a default by Tenant, in which case Tenant shall have no obligation to demolish any Improvements). Notwithstanding the foregoing to the contrary, Tenant shall have the right, at any time during the Term, and up to thirty (30) days after the expiration or earlier termination of this Sublease (subject to payment of Rent), to remove any or all of Tenant’s trade fixtures, equipment, and property from the Property. Tenant shall repair any damage which may result to the Property from such removal, normal wear and tear excepted. If Tenant fails to remove any of those items, the items shall be deemed abandoned and shall at the election of Landlord in its sole discretion be the property of Landlord. On or before the expiration or termination of this LeaseSublease, Tenant shall surrender the Premises cause any mortgages, deeds of trust, liens or encumbrances created by, through or under Tenant to be fully released and all discharged. Subject to abandonment by Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to more than thirty (30) days after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or earlier termination of the Term, Landlord shall have all trade fixtures, equipment, leasehold improvements and property of any nature which may be installed or placed in or upon the right (but no obligation) to remove the same, and Property by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the 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 remain 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)of Tenant. 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 At the expiration or earlier termination of this Lease or Sublease, in connection with the reversion of Tenant's possessionthe Land to Landlord and the transfer to Landlord of Improvements and related plans, whichever is earliestdrawings, manuals and other documentation relating to the ownership, design, construction, operation and maintenance of the Property during the Term, Tenant shall surrender all keys to the Premises execute mutually agreeable transfer documentation of transfer and assignment instruments in favor of Landlord or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseits designee.
Appears in 1 contract
Sources: Ground Sublease Agreement
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender remove all of its personal property, including any signs, notices and displays, from the Premises and all Tenant Improvements the Project and Alterations shall surrender to Landlord broom-the Premises, and all Tenant's improvements thereto and alterations thereon, broom clean and in their original good condition, except for reasonable (a) ordinary wear and tear, (b) destruction to the Premises pursuant to Article 18 of this Lease, (c) Alterations that Tenant has the right to remove hereunder, provided Tenant repairs any and all damage to the Premises caused by such removal and restores the Premises to the condition in which they were prior to the installation or construction of such Alterations (but in no event to less than Building standard), , and (d) all telephone and data cabling installed by or on behalf of Tenant or its subtenant(s). Tenant shall perform all such removal, repairs and restoration to the Premises prior to the date of the expiration or earlier termination of this Lease. Notwithstanding any contrary provision herein, Tenant shall not be obligated to remove any initial Tenant Improvements upon the expiration or earlier termination of this Lease except that upon notice from casualty Landlord to Tenant, Landlord may require Tenant to remove Tenant Improvements to the extent such Tenant Improvements do not constitute improvements of a general office use nature. If any such removal, repair or condemnation restoration would damage or otherwise affect the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal, repair or restoration at Tenant's expense or otherwise require Tenant to deposit with Landlord security for such work of removal, repair and/or restoration. Landlord may in any changes resulting manner retain or dispose of any improvements, Alterations or personal property which Tenant does not remove from approved Alterations; provided, however, that the Premises prior to the expiration or earlier termination of this Lease, as Tenant may be permitted or required by this Lease Tenant shall remove all telephone to remove, and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's title to any such improvements, Alterations and/or personal property and any Trade Fixtures and all Alterations that of which Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right so elects to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from arising out of Landlord's removal, storage, retention, retention or disposition of any such property. Upon expiration improvements, Alterations or termination personal property as provided for in this Article 25 and shall be liable to Landlord for Landlord's costs of this Lease storing, removing and disposing of any such improvements, Alterations or of Tenant's possession, whichever is earliest, personal property which Tenant shall surrender all keys fails to remove from the Premises prior to the Premises or any other part date of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including reasonable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the Premises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Activision Inc /Ny)
Surrender. Upon At the expiration or within 30 days after any earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required by Section 11. All Alterations existing on the Premises at such time, except for reasonable wear Tenant's furniture and tearthose moveable trade fixtures that are located inside the Buildings, 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 such as computer(s) and other cabling installed in similar moveable equipment and shelving (collectively, "Building Trade Fixtures"), shall become the Building by Tenant property of Landlord and remove from shall remain upon and be surrendered with the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removala part thereof at the termination or other expiration of the Term. If such removal is not completed before At the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for remove its Building Trade Fixtures and all costs of removal rail cars, locomotives and storage thereof other equipment or personal property as well as its Signs and for the rental value of identification marks, from the Premises for the period from and repair any and all damage caused by such removal. Building Trade Fixtures and other personal property of Tenant not so removed at the end of the Term through or within thirty (30) days after the end earlier termination of the time reasonably required Term for any reason whatsoever shall, at Landlord's sole option, be deemed abandoned and shall become the property of Landlord, and Landlord may thereafter cause such removalproperty to be removed from the Premises. If Tenant fails to remove any such property from the Premises, the reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall also have not in any manner or to any extent be obligated to reimburse Tenant for any property that becomes the right to retain or dispose property of all or any portion Landlord as a result of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination earlier termination. The provisions 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 20 shall survive the termination or expiration or termination of this Lease. At any time during the Term, Tenant may remove the Building Trade Fixtures, as well as its Signs and identification marks, from the Premises, provided Tenant repairs any and all damage caused by such removal.
Appears in 1 contract
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal 10% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and storage thereof any time required by Landlord to complete such obligations shall be considered a period of holding over and for the rental value terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to Landlord (and surrender possession of) all of the Premises for upon the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease (or the applicable portion of Tenant's possessionthe Premises if this Lease expires or terminates as to only a portion of the Premises) on the date of expiration or earlier termination, whichever is earliestthen Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises or applicable portion thereof, expel or remove Tenant shall surrender all keys and any other person or entity who may be occupying the Premises or applicable portion thereof, change the locks to the Premises or applicable portion thereof (in which event, Tenant shall have no right to any key for the new locks), and take any other part actions as are necessary for Landlord to take absolute possession of the Building Premises or applicable portion thereof. The foregoing rights are without prejudice and in addition to, and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safesnot in any way limit Landlord’s rights under, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease22 below.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Surrender. Upon the expiration of this Sublease, or upon the termination of this Leasethe Sublease or of the Subtenant’s right to possession of the Premises, Tenant shall Subtenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in the condition as existed upon the delivery of the Premises to Subtenant hereunder, reasonable wear and all Tenant Improvements and Alterations tear excepted; conditions existing because of Subtenant’s failure to Landlord broom-clean and in their original conditionperform maintenance, except for repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Such improvements shall include all plumbing, damage lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from casualty Subtenant’s Personal Property (as defined in Section 18)). Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises. All Alterations in or condemnation upon the Premises made by Subtenant shall become a part of and any changes resulting from approved Alterationsshall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant; provided, however, that Sublandlord shall have the right to require Subtenant to remove any Alterations made by Subtenant, or portion thereof if and only to the extent that such Alterations are required to be removed pursuant to the terms of the Prime Lease or Sublandlord advised Subtenant at the time Sublandlord consented to such Alteration that Subtenant must remove same at the end of the Term. Such right shall be exercisable by Sublandlord’s giving written notice thereof to Subtenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, or portion thereof, which Prime Landlord may require Sublandlord to remove, pursuant to the terms of the Prime Lease. In any such event, Subtenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Sublandlord or Prime Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver same to any other place of business of Subtenant, or warehouse same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Notwithstanding anything to the contrary in this Sublease, Subtenant shall not be required to remove any alterations performed by Sublandlord or existing in the Premises prior to the Commencement Date. If, however, the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter Premises for a reasonable period of time prior to the expiration or termination of this Lease Tenant shall remove all telephone the Sublease, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing its Alteration and other cabling installed in the Building by Tenant and remove from restoring the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaserequired.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Building Project by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. Upon (A) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment and all other personal property installed by Tenant or its assignees or subtenants, and unless Landlord directs otherwise, all wiring and cabling installed in the Premises by Tenant. Tenant shall repair any damage resulting from such removal and all 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, but such proceeds shall offset the costs in removing and selling such property. If Tenant Improvements and Alterations does not return possession of the Premises to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord the costs incurred by Landlord to restore the condition of the Premises.
(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 150% of the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise except as otherwise agreed by the parties in writing. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant except as otherwise agreed by Landlord and Tenant in writing shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 1 contract
Surrender. Upon 10.1 On the expiration Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Premises, Subtenant must at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for Sublease will not be deemed “reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to .”
10.2 Subtenant shall remove at the expiration or earlier termination of the Term any Subtenant Alterations that Master Landlord requires be removed from the Premises and restore the Premises to the condition existing on the Commencement Date, or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all damage to the Premises resulting from the removal of Subtenant’s Property therefrom and shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. All other Subtenant Alterations in or upon the Premises made by Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this Lease Tenant shall Sublease. If Master Landlord requires removal of any Subtenant Alterations, or a portion thereof, and Subtenant does not remove all telephone and other cabling installed in the Building by Tenant and such, or Subtenant does not remove Subtenant’s Property from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to on or before the Expiration Date or the earlier termination of this Sublease, Sublandlord may remove as provided in Section 6.1 - Tenant Improvements & Alterations, the same (and repair any damage caused by occasioned thereby), and dispose thereof, or at its election, remove and/or store the same. Subtenant shall pay the reasonable costs of such removal, repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of sale therefor, without further payment or credit by Sublandlord to Subtenant.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord. If such removal Sublandlord is not completed before required under the expiration or termination of the Term, Landlord shall have the right (but no obligation) Master Lease to remove the sameany such alterations or improvements, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the period from purpose of removing such alterations and improvements and restoring the Premises as required by the Master Lease.
10.4 At the end of the Term through of this Sublease, unless Subtenant has entered into a direct lease with Master Landlord covering the end Premises to commence immediately following the expiration or earlier termination of the time reasonably required for such removal. Landlord shall also have the right Sublease, Subtenant must surrender to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender Sublandlord all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord Sublandlord the combination of all combination locks that Subtenant is permitted to leave on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon Section 20.01 On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's possessionProperty (excluding any of Tenants Property which is affixed or attached to the Premises) and all other personal property and personal effects of all persons claiming through or under Tenant, whichever is earliest, Tenant and shall surrender pay the cost of repairing all keys damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other part personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 20.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to the immediately preceding business day.
Section 20.03 Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the Building New York Civil Practice Law and shall deliver Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 20.04 The parties recognize that the damage to Landlord all keys for or make known resulting from any failure of Tenant to timely surrender possession of the Premises will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the combination Expiration Date (or any sooner termination date), Tenant, at the option of locks on all safesthe Landlord, cabinets shall pay to Landlord, as liquidated damages and vaults that may be located not as a penalty and in lieu of consequential damages, a monthly rental equal to the greater of (a) three (3) times the Fixed Rent and Additional Rent payable during the last month of the Term or (b) the then current Fair Market Value Rent for the Premises. , and Tenant shall continue to occupy the Premises subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 20.05 Tenant's obligations under this Section Article shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements tenant improvements and Alterations to Landlord broom-and such shall be returned clean and in their original conditioncondition as of the Commencement Date of this Lease, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Lease, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all Alterations that cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, for removal and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon 11.1 On the expiration Expiration Date, or upon the earlier termination of the Sublease or of Subtenant's right to possession of the Premises, Subtenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease, Tenant Sublease shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, damage from casualty or condemnation lighting, electrical, heating, cooling and any changes resulting from approved Alterations; provided, however, that prior ventilating fixtures and equipment. Subtenant shall surrender to Sublandlord all keys to the expiration Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises.
11.2 If Subtenant performs any Alterations, Subtenant shall be obligated to remove such Alterations and restore the Premises to the condition existing on the Commencement Date (or termination of this on such earlier date as Subtenant first entered the Premises) if the Master Lease Tenant requires such removal and restoration by Sublandlord. Subtenant shall remove all telephone other Alterations and other cabling installed all Subtenant Property (as defined in the Building by Tenant and remove from Section 11.4 below). Any remaining Alterations in or upon the Premises all Tenant's personal property made by Subtenant, and any Trade Fixtures other remaining Subtenant Property shall become a part of and all Alterations that shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Said right shall be exercisable by Sublandlord's giving written notice thereof to Subtenant not less than twenty (20) days prior to such Expiration Date or more than twenty (20) days after any earlier termination. Subtenant shall repair any damage occasioned by such removal or restoration. If Sublandlord or Master Landlord has elected to require Tenant to requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove as provided in Section 6.1 - Tenant Improvements & Alterations, the same (and repair any damage caused by occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the reasonable costs of such removal, repair and warehousing on demand.
11.3 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any alterations performed by Sublandlord prior to the Commencement Date or to restore the Premises to their condition prior to Sublandlord's making of such alterations. If such removal Sublandlord is not completed before required under the expiration or termination of the Term, Landlord shall have the right (but no obligation) Master Lease to remove any alterations performed by Sublandlord prior to the sameCommencement Date, and Tenant Subtenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the period from purpose of removing such alterations and restoring the end Premises as required by the Master Lease. However, if either Sublandlord or Subtenant reasonably determines that Sublandlord's entry prior to the Expiration Date is not compatible with Subtenant's continued use 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 Premises, then either party may terminate this Lease upon not pay all such costs and retrieve the property within less than ten (10) days after written notice to the other, with such termination to be effective on the date of Sublandlord's re-entry into the Premises for the purpose of removing such alterations and restoring the Premises.
11.4 On the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant's right to possession of the Premises, Subtenant shall remove Subtenant's articles of personal property and fixtures incident to Subtenant's business ("Subtenant's Property"); provided, however that Subtenant shall repair any injury or damage to the Premises which may result 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, storageand shall restore the Premises to the same condition as prior to the installation thereof, retention, reasonable wear and tear excepted. If Subtenant does not remove Subtenant's Property from the Premises on or disposition of any such property. Upon expiration before the Expiration Date or the earlier termination of this Lease or of Tenant's possessionSublease, whichever is earliestSublandlord may, Tenant shall surrender all keys to at its option, remove the same (and repair any damage occasioned thereby and restore the Premises as aforesaid) and dispose thereof or any other part warehouse the same, and Subtenant shall pay the reasonable cost of the Building and shall deliver such removal, repair, restoration or warehousing to Landlord all keys for Sublandlord on demand, or make known Sublandlord may treat said Subtenant's Property as having been conveyed to Landlord the combination Sublandlord with this Sublease acting as a ▇▇▇▇ of locks on all safessale therefor, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration without further payment or termination of this Leasecredit by Sublandlord to Subtenant.
Appears in 1 contract
Sources: Sublease (E Centives Inc)
Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Leaselease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 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 such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant lease shall remove all telephone and other cabling installed in be automatically extended for a term of 3 months. Thereafter, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord term of this lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalgiven at least 90 days written notice terminating this lease. If such removal is not completed before the expiration or Such termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose will take effect upon completion 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. TenantLessee's obligations under this Section shall survive lease (including payment 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 the Initial Term, if this Leaselease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by 30 days written notice to Lessee.
Appears in 1 contract
Surrender. Upon 24.01 On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty; Tenant shall remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender to Landlord all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees.
24.02 In the event Tenant remains in possession of the Demised Premises after the termination of this Lease without the execution by Landlord and Tenant of a new lease, Tenant shall, at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to 150% of the fixed rent and additional rent payable during the last month of the term for the initial two (2) months of such holdover and thereafter 200% thereof, 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, Tenant shall surrender the Premises hereby indemnifies and all Tenant Improvements agrees to hold Landlord harmless from and Alterations to Landlord broom-clean against any loss, cost, liability, claim, damage, fine, penalty, and in their original conditionexpense, except for reasonable wear including attorneys' fees and teardisbursements, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to such delay by Tenant in surrendering the expiration or Demised Premises upon the termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - this Article 24, including without limitation, any claims made by any succeeding tenant or prospective tenant based upon such delay. In the event Tenant Improvements & Alterationsremains in possession of the Demised Premises for any period of time following the Expiration Date, Tenant shall be in default, and repair any damage caused by such removal. If such removal is not completed before in addition to the expiration or termination of the Termrent provided in Section 24.02 hereof, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title be entitled to all such property described of its rights and remedies provided in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations Tenant’s improvements to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterationsthe Required Condition (as above defined); provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in or about the Building Property by Tenant and Tenant, shall remove from the Premises all Tenant's ’s personal property and any Trade Fixtures trade fixtures and shall remove all Alterations of Tenant’s improvements that Landlord has elected to require notified Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, must be removed and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term Lease term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such propertyproperty pursuant to this Lease. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building Property and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Office Lease (Liveworld Inc)
Surrender. Upon Section 21.01 On the expiration Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall surrender hereby indemnifies Landlord against liability primarily and directly resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay.
Section 21.04 In the event Tenant remains in possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to after the expiration or termination of this Lease Tenant without the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property as a tenant from month to month, at a monthly rental equal to two times the Fixed Rent and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before Additional Rent payable during the expiration or termination last month of the Term, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination other terms of this Lease or of insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations obligation under this Section Article shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Vringo Inc)
Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-the Leased Premises, broom clean and in their original conditiongood order, except for reasonable condition and repair, ordinary wear and tear, damage from casualty tear and acts of Casualty Damage which Landlord is obligated to repair or condemnation and any changes resulting from approved Alterationsreplace excepted; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in any property affixed to the Building by Tenant and remove from Leased Premises or improvements, additions or alterations to the Leased Premises all Tenant's personal property and any Trade Fixtures and all Alterations that which Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage to the Building caused by such removal. If Tenant shall fail to remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such property or improvements, additions or alteration to be removed at Tenant’s expense. Tenant hereby agrees to pay all costs and expenses of any removal is not completed before the expiration or termination and of the Term, Landlord shall have repair of any damage to the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Leased Premises for the period from the end of the Term through the end of the time reasonably required for caused by such removal. Landlord shall also have Any and all property remaining on the right to retain Leased Premises after the expiration of the Lease Term or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease or 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'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 ’s obligation to observe and perform these covenants shall survive the expiration of the Lease Term or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Ener1 Inc)
Surrender. Upon On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other casualty excepted, together with all Improvements and Fixtures therein (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Real Property all of Tenant's possessionProperty and any personal property of persons claiming through or under Tenant, whichever is earliestand shall repair or pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. If, during the last month of the Term, Tenant shall surrender have removed all keys to or substantially all of Tenant's Property from the Premises or any other part of the Building and shall deliver subject to Tenant's consent, Landlord all keys for or make known to Landlord the combination of locks on all safesmay immediately enter and alter, cabinets renovate and vaults that may be located in redecorate the Premises, without abatement of rent or liability to Tenant, provided Landlord releases Tenant from any further liability under the Lease. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under this Section 24.1 shall survive be performed on or prior to the expiration or termination of this Leaseimmediately preceding business day.
Appears in 1 contract
Sources: Lease Agreement (Dress Barn Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be, for reasonable wear the first three (3) months, one hundred and teartwenty‑five percent (125%) of the Monthly Rent payable for the last full month immediately preceding the holdover and, damage from casualty thereafter, one hundred and fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in operate to extend the Building by Tenant and remove Term or prevent Landlord from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination immediate recovery of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value possession of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalby summary proceedings or otherwise. 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 (Any provision 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 possessionto the contrary notwithstanding, whichever is earliest, any holdover by Tenant shall surrender all keys to constitute a default on 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 Tenant under this Section shall survive the expiration or termination of this Lease.Lease entitling 13 QB\129138.00037\24864053.9
Appears in 1 contract
Sources: Lease Agreement (Wageworks, Inc.)
Surrender. Upon the expiration A. On 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 Sublease, whether by expiration, forfeiture, lapse of time or otherwise, or upon the termination of Subtenant’s right of possession, Subtenant shall (i) remove (and restore any damage resulting from such removal) any and all telephone of Subtenant’s movable personal property, any Subtenant signage and, subject to Section 31 below, the Furniture (as defined below), and other cabling installed (ii) deliver to Sublandlord the Premises in the Building by Tenant 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 repair obligations, Subtenant shall be deemed to 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 Premises, such property shall be deemed abandoned (and Subtenant will be deemed to have relinquished all Tenant's personal right, title and interest in such property), and Sublandlord is authorized, without liability to Subtenant for loss or damage thereto, at the sole risk of Subtenant, to (a) remove and store such property at Subtenant’s risk and expense; (b) retain such property, in which case all right, title and interest therein shall accrue to Sublandlord; (c) sell such property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove retain the proceeds from such sale; or (d) otherwise dispose or destroy such property. Except as provided in this Section 6.1 - Tenant Improvements & Alterations17A, 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 repair any damage caused by such removalwill be impossible to accurately measure. If such removal Accordingly, if possession of the Premises is not completed before 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 TermPremises after the Expiration Date or earlier termination of this Sublease, Landlord shall have a sum equal to (i) one hundred fifty percent (150%) of the right Rent payable by Sublandlord, as tenant, under the Prime Lease, for the last full calendar month prior to the Expiration Date, for the first three (but no obligation3) to remove the samemonths of such holdover period, and Tenant shall pay Landlord on demand for all costs (ii) two hundred percent (200%) of removal and storage thereof and the Rent payable by Sublandlord, as tenant, under the Prime Lease, for the rental value last full calendar month prior to the Expiration Date, for the fourth and each subsequent month of such holdover period. In addition, Subtenant shall otherwise observe, fulfill and perform all 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 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 for after the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain Expiration Date or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease Sublease, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or sooner termination of this LeaseSublease shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Paragraph.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionas good a condition as on the date available for occupancy by Tenant, except for reasonable wear and teartear from the last repair required hereunder, casualty damage from casualty and damages caused by Landlord’s failure to make repairs required of Landlord hereunder excepted. Tenant shall have no obligation to remove any alterations, additions or condemnation and any changes resulting from approved Alterations; provided, however, that prior to modifications in the Premises upon the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed except as requested by Landlord in the Building connection with its approval as set forth in Section 9 hereof or as required by Tenant and remove from the Premises all Tenant's Section 15 hereof. Any personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided leasehold improvements remaining in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the Premises after the expiration or other termination of this Lease may be disposed of by Landlord as it sees fit and without liability. By the Termexpiration or earlier termination of this Lease, Landlord Tenant shall, and shall have the absolute right (but no obligation) to to, remove all of Tenant’s Property and signage from the samePremises, and Tenant shall pay 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 on demand may (but shall not be 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 costs of and expenses incurred in the removal and storage thereof of personal property and for signage and the rental value repair 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). notifies 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 amount of the costs 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 Premisesexpenses. Tenant's obligations under this This Section 25 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, tear and damage from casualty or condemnation and any changes resulting from approved Alterationscondemnation; provided, however, that prior to the expiration or termination of this Lease Lease, unless directed otherwise by Landlord, Tenant shall remove all telephone Alterations, including the Tenant Improvements, all telephone, data and other cabling installed in the Building by Tenant and remove from the Premises Tenant, all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsFixtures, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and an amount equal to the Holdover Rent for the rental value of 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 ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall shall: (a) surrender all keys to the Premises or any other part of the Building and shall Building, (b) 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 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 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 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 ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Infinera Corp)
Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Leaselease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 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 such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant lease shall remove all telephone and other cabling installed in be automatically extended for a term of 3 months. Thereafter, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord term of this lease will be extended 4 for subsequent full month periods, on a month to month basis, until Lessee has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalgiven at least 90 days written notice terminating this lease. If such removal is not completed before the expiration or Such termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose will take effect upon completion 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. TenantLessee's obligations under this Section shall survive lease (including payment 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 the Initial Term, if this Leaselease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by 30 days written notice to Lessee.
Appears in 1 contract
Surrender. Upon On the expiration of the Term or earlier termination of this Lease, Tenant shall at Tenant's own cost, (a) promptly and peaceably surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean "broom clean," in good order and in their original condition, except for reasonable wear and tear, (b) repair any damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration Building caused by or termination in connection with the removal of this Lease any property from the Leased Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner satisfactorily to Landlord all holes and other marks in the floors, walls and ceilings of the Leased Premises, and, (d) deliver all keys to the Leased Premises to Landlord. Before surrendering the Leased Premises, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all at Tenant's sole cost, remove Tenant's movable personal property and any Trade Fixtures trade fixtures (including signage) only, and all Alterations that other property shall, unless otherwise directed by Landlord, remain in the Leased Premises as the property of Landlord has elected to without prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall take a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (or any replacement provisio▇). Landlord may require Tenant to remove as provided in Section 6.1 - any personal property, trade fixtures, other property, alterations, additions and improvements made to the Leased Premises by Tenant Improvements & Alterationsor by Landlord for Tenant, and repair any damage caused by such removalto restore the Leased Premises to their condition at the date of this Lease. If such removal is All personal property, trade fixtures and other property of Tenant not completed before removed from the Leased Premises on the abandonment of the Leased Premises or on the expiration of the Term or earlier termination of the Termthis lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord shall have the right (but no obligation) to remove the samewithout notice to, and without any obligation to account to Tenant or any other person. Tenant shall pay to Landlord on demand for all costs of removal and storage thereof and for expenses incurred in connection with 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 disposition of such property if Tenant does not pay all in excess of any amount received by Landlord from such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in disposition. No surrender of Leased Premises shall be effected by Landlord's notice shall be transferred to and vest in acceptance of the keys or of the rent or by any other reasons without Landlord)'s written acknowledgements of such acceptance as a surrender. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting shall not be released 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 Lease in connection with surrender of the expiration or termination of this LeaseLeased Premises until Landlord has inspected the Leased Premises and delivered to tenant a written release.
Appears in 1 contract
Sources: Lease Agreement (Wordcruncher Internet Technologies)
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Building Project by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in a condition substantially similar to the condition when received by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease, and (ii) Tenant shall have removed from the Premises all personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage occurring during the Term caused by any marking, painting, drilling into or defacement of the Building or any part of the Premises, or resulting from the removal of such personal property installed by Tenant or its assignees or subtenants, and Tenant shall restore the Property to good order and condition, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord the commercially reasonable costs incurred by Landlord in restoring the Premises to such condition.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant shall surrender T▇▇▇▇▇’s occupancy of the Premises and all Tenant Improvements and Alterations shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to Landlord broom-clean and in their original conditionthe provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for reasonable wear of any holdover period shall be equal to the sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdover and tear, damage from casualty (ii) Tenant’s Share of Operating Expenses for such month. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected operate to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through the end or prevent Landlord from immediate recovery of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose possession of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Section shall survive Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all legal and equitable remedies available to Landlord in the expiration or termination event of this Leasea Tenant default.
Appears in 1 contract
Sources: Lease Agreement (Savara Inc)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.
Appears in 1 contract
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received (except Tenant-Made Alterations and Tenant Improvements that are required or allowed to remain on the Premises pursuant to the terms of this Lease), broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in compliance with the provisions of Exhibit E attached hereto. 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 Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion 15% of such property if costs, promptly upon Landlord’s delivery to Tenant does not pay all of an invoice therefor, and any time required by Landlord to complete such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice obligations shall be transferred to considered a period of holding over and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition the terms of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant Paragraph 22 shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseapply.
Appears in 1 contract
Surrender. 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 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 Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
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Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 6 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
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Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, condemnation or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant Improvements otherwise), and Alterations any and all other personal property installed by Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that each monthly installment of Minimum Annual Rent shall be 150% of the monthly installment of Minimum Annual Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. Notwithstanding the foregoing, Tenant shall not be liable for the rental value consequential damages arising from any holdover unless such holdover continues for more than thirty (30) days after written notice from Landlord indicating that Landlord is a party to a transaction involving all or a portion of the Premises and that Tenant may be liable for such consequential damages if Tenant fails to vacate the period from Premises within such thirty (30) day period. For the end avoidance of doubt, (i) if Tenant receives such written notice at least thirty (30) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives such written notice fifteen (15) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of the Term through the end of the time reasonably required holdover only if it holds over for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten more than fifteen (1015) 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 LeaseExpiration Date.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Surrender. Upon On the expiration last day of the Term of this Lease, including any extended 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 Tenant's business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises or in Common Areas 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. On or before the last day of the Term, Tenant shall remove all business, trade fixtures, equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. 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 rate of ten percent (10%) 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 of the keys to the Leased Premises to Landlord at the place then fixed for the payment of rent shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the Leased Premises for to secure the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation condemnation, Landlord’s obligations and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's ’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. In no event shall Tenant be required to remove the Tenant Improvements or any Alterations except as provided in Section 6.1. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Mocon Inc)
Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, howeverremoving and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, that Tenant shall pay Landlord Rent in an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of this Lease the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all telephone damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseby either party.
Appears in 1 contract
Sources: Office Lease (Amazon Com Inc)
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to make themselves available to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion 15% of such property if costs, promptly upon Landlord’s delivery to Tenant does not pay all of an invoice therefor, and any time required by Landlord to complete such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice obligations shall be transferred to considered a period of holding over and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition the terms of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant Section 22 shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseapply.
Appears in 1 contract
Sources: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-in the same condition as existed on the date Tenant originally took possession thereof with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in their original conditiongood operating order, except for reasonable condition and state of repair, ordinary wear and tear and casualty damage excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by industry-standard maintenance practice. Tenant shall repair any damage occasioned by the installation, damage maintenance or removal of trade fixtures, Tenant owned Alterations and/or Utility Installations, furnishings and equipment. Tenant shall also completely remove from casualty the Project any and all Hazardous Materials brought or condemnation released onto the Premises by or for Tenant, even if such removal would require Tenant to perform or pay for work that exceeds statutory requirements. Trade fixtures shall remain the property of Tenant and any changes resulting from approved Alterations; provided, however, that prior to shall be removed by Tenant. Any personal property of Tenant not removed on or before the expiration of the Term or any earlier termination of this Lease Tenant date shall remove all telephone and other cabling installed in the Building be deemed to have been abandoned by Tenant and remove from may be disposed of or retained by Landlord as Landlord may desire, but any removal or storage shall be at Tenant’s sole cost and expense. The failure by Tenant to timely vacate the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected pursuant to require Tenant to remove as provided in this Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before 16.15 without the expiration or termination express written consent of the Term, Landlord shall have constitute a holdover under the right (but no obligation) to remove the same, and provisions of Section 16.02 above. Tenant shall pay Landlord not commit or allow any waste or damage to be committed on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)Premises, Buildings or Property. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Building Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall deliver meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to Landlord all keys any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after T▇▇▇▇▇’s vacating the Premises shall conclusively be deemed correct for or make known to Landlord the combination purposes of locks on all safes, cabinets determining Tenant’s responsibility for repairs and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaserestoration.
Appears in 1 contract
Sources: Industrial Space Lease (Dragonfly Energy Holdings Corp.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, condemnation damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord and Tenant agree otherwise) and all other personal property installed by Tenant Improvements or its assignees or subtenants, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from such removal and Alterations shall restore the Premises to Landlord broom-clean good order and in their original condition, except for reasonable subject to ordinary wear and tear, casualty damage from casualty and condemnation damage. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or condemnation otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall reimburse Landlord all actual and reasonable expenses incurred by Landlord to cause the Premises to be in the condition required hereunder. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove any changes resulting from approved Alterations; providedTenant Improvements or Tenant Requested Optional Improvements (including, howeverwithout limitation, any roof deck).
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that prior of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. Notwithstanding the foregoing, Tenant shall not be liable for the rental value of consequential damages arising from its holdover except if Tenant holds over in the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten more than sixty (1060) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leasedays.
Appears in 1 contract
Sources: Lease Agreement (INSMED Inc)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition and in the condition required by Section 12 of this Lease, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise or unless the parties have otherwise agreed), 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 within thirty (30) days of the expiration of the Term or the earlier termination of this Lease as required shall be deemed abandoned, and in such event, Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Base Rent shall be 125% of the Monthly Base Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in operate to extend the Building by Tenant and remove Term or prevent Landlord from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination immediate recovery of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value possession of the Premises for by summary proceedings or otherwise. Any provision in this Lease to the period from contrary notwithstanding, any holdover by Tenant shall constitute a default on the end part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the Term through the end of the time reasonably required for such removal. remedies available to Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (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 under Section 22 of this Lease or of Tenant's possessionLease, whichever is earliestand if the holdover period extends beyond thirty (30) days, Tenant shall surrender all keys to the Premises or be also be liable for any other part consequential damages that Landlord suffers as a result of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseholdover.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten thirty (1030) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Mediaplex Inc)
Surrender. Upon On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other insured casualty excepted, together with all Existing Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Building (a) all of Tenant's possessionProperty, whichever is earliest(b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (c) any personal property of Tenant or persons claiming through or under Tenant, and shall surrender repair or pay the cost of repairing all keys damage to the Premises and the Building occasioned by such removal. Any Tenant's Property or any other part personal property which shall remain in the Premises after the Expiration Date or after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expeises of the Building sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall deliver be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord all keys for or make known to Landlord the combination by Tenant as Additional Rent on demand. The obligations of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations Tenant under this Section SECTION 21.01 shall survive the expiration or sooner termination of this the Lease.
Appears in 1 contract
Sources: Lease Agreement (Magnetek Inc)
Surrender. Upon (a) Effective as of the expiration or termination of this Leasedate hereof (the "Surrender Date"), Tenant shall vacate, quit and surrender possession of the Premises to Landlord, and to the intent and purpose that the remainder of the term of the Lease be wholly merged and extinguished effective as of the Surrender Date, Tenant hereby gives, grants and surrenders to Landlord all of Tenant's right, title and interest in, to and under the Lease. As of the Surrender Date, the Lease and the term thereof and all rights of Tenant Improvements thereunder shall expire and Alterations to Landlord broom-clean and terminate with the same effect as if the Surrender Date was the Expiration Date as set forth in their original the Lease. The Tenth Floor Space shall be surrendered in “as is” condition, except for reasonable wear the requirements that Tenant leave the Tenth Floor Space in broom clean condition and tearthat Tenant leave all of its furniture (excluding ten (10) six foot (6') high filing cabinets) in the Tenth Floor Space. The Seventh Floor Space shall be surrendered in its “as is” condition as of the Surrender Date.
(b) Tenant represents and warrants to Landlord that: (1) Tenant is the present tenant under the Lease and Tenant has not assigned, damage from casualty conveyed, encumbered, pledged, sublet or condemnation and otherwise transferred, in whole or in part, its interest in the Lease, nor shall Tenant do any changes resulting from approved Alterations; provided, however, that of the foregoing prior to the expiration Surrender Date, (2) there are no persons or termination entities claiming under Tenant, or who or which may claim under Tenant, any rights of possession with respect to the Premises, and (3) Tenant has the right, power and authority to execute and deliver this Agreement and to perform Tenant's obligations hereunder, and this Agreement is a valid and binding obligation of Tenant enforceable against Tenant in accordance with the terms hereof. The foregoing representations and warranties shall survive the Surrender Date.
(c) Effective as of the Surrender Date, Tenant shall release Landlord and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever, arising out of, or in connection with, the Premises or the Lease. Notwithstanding the foregoing, Landlord shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Lease.
(d) Effective as of the Surrender Date, Landlord shall release Tenant and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever arising out of, or in connection with, the Premises or the Lease relating to the period from and after the Surrender Date. Notwithstanding the foregoing, Tenant shall remove all telephone not be released from any obligation, covenant, representation or warranty contained in this Agreement and other cabling installed in the Building Lease, which by Tenant and remove from the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right Lease.
(but no obligatione) to remove the same, and Tenant shall pay to Landlord on demand the Surrender Date (1) an amount equal to Fifteen Thousand Dollars ($15,000), in the form of a bank check or by wire, as consideration for all costs Landlord’s execution of removal this Agreement and storage thereof and for the rental value acceptance of the Premises Premises, and (2) Tenant hereby waives and hereby disclaims any right, title and interest Tenant may have for any and all sums remaining in the Tenth Floor Space Tenant Fund, which the parties agree is approximately One Hundred Forty Thousand and 00/100 Dollars ($140,000.00). If, at any time after the Surrender Date, it shall be determined that any Fixed Rent, additional rent, all other items of rental or other sums and charges shall have been due and payable for any period from prior to the end of the Term through the end of the time reasonably required for Surrender Date, Tenant shall pay such removal. amounts to Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord rendition of a ▇▇▇▇ therefor. In addition, the obligation of Tenant under the Lease to pay escalations of any sort with respect to the Premises (in including, but not limited to the Tax Payment, the Operating Expense Payment and payments on account of electricity, whether or not such payments are called additional rent), which event title shall have accrued prior to all such property described in Landlord's notice the Surrender Date, shall survive the Surrender Date. Tenant acknowledges that it has paid Rental through September 30, 2001, and that even though Tenant is surrendering the Premises as of the Surrender Date, there shall be transferred no apportionment of Rental for the month of September 2001, nor shall any prepaid portion of Rental be refunded to Tenant. The terms and vest in Landlord)provisions of this Paragraph 2(e) shall survive the surrender of the Premises. Notwithstanding the foregoing, Landlord and Tenant waives all Claims against Landlord acknowledge that if this Agreement is executed and delivered after September 30, 2001, then for any damage period commencing on October 1, 2001, and continuing through and until the date this Agreement is executed and delivered, Fixed Rent and additional rent shall be adjourned, and Tenant shall only be obligated for the payment of electricity and other similar charges for other utilities; provided however, if the Condition is not satisfied or loss waived by Landlord and this Agreement becomes null and void, Tenant agrees to Tenant resulting from Landlord's removal, storage, retention, or disposition pay to Landlord within two (2) days of any such property. Upon expiration or the termination of this Lease or Agreement, any Fixed Rent and additional rent due for the period commencing October 1, 2001, through and including the date this Agreement terminates. In such event Tenant’s obligation to pay Fixed Rent, additional rent and other charges shall continue from and after the date this Agreement terminates, through and including the end of Tenant's possessionthe Term.
(f) Tenant (1) shall pay all transfer taxes, whichever is earliestif any, imposed by any governmental authority in connection with the surrender of the Premises, including, without limitation, any City Transfer Tax and State Transfer Tax (each as hereinafter defined), and (2) does hereby agree to indemnify and hold Landlord harmless of and from any transfer taxes imposed by any governmental authority by reason of the surrender of the Premises including, without limitation, the City Transfer Tax and State Transfer Tax, if any, and all expenses related thereto, including, without limitation, reasonable attorneys' fees and disbursements. Landlord and Tenant shall surrender all keys each complete, execute and deliver, within seven (7) days after request by either party of the other party, any questionnaire, affidavit or document with respect to the Premises or any other part tax imposed by Title 11, Chapter 21 of the Building New York City Administrative Code (the "City Transfer Tax") and Article 31 of the Tax Law of the State of New York (the "State Transfer Tax"), required to be completed, executed and delivered by Landlord and Tenant with respect to the transactions contemplated by this Amendment, and the taxes, if any, shown thereby to be due shall be paid by Tenant when required by applicable law or regulation. The provisions of this Paragraph 2(f) shall survive the Surrender Date.
(g) If as of the Surrender Date Tenant has (i) fully satisfied its obligations under section 2(e) hereof, and (ii) delivered a ▇▇▇▇ of Sale for all of the furniture located in the Premises to Bank of New York, then on the Surrender Date, Landlord shall deliver to Tenant the Letters of Credit securing the Seventh Floor Space Security Amount and the Tenth Floor Space Security Amount and a letter to the institution issuing the Letters of Credit stating that Landlord all keys for has no further right, title or make known interest in the Letters of Credit.
(h) Landlord and Tenant, each upon the request of the other, at any time and from time to Landlord time hereafter and without further consideration, shall execute, acknowledge and deliver to the combination of locks on all safesother any instruments or documents, cabinets and vaults that or take such further action, as shall be reasonably requested or as may be located in necessary to more effectively assure the surrender of the Premises. Tenant's obligations under , and the full benefits intended to be created by this Section shall survive the expiration or termination of this LeaseAgreement.
Appears in 1 contract
Sources: Surrender Agreement (Liveperson Inc)
Surrender. Upon the expiration or ‐ Tenant will, upon termination of this Lease, Tenant shall surrender the Premises premises and all Tenant Improvements fixtures and Alterations to equipment of the Landlord broom-clean therein in good, clean, and in their original operating condition, except for reasonable ordinary wear and teartear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Tenant. Tenant shall, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to at time of vacating the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant premises:
a. Clean said premises and remove trash from the Premises all premises.
b. If the premises is rented with wall-‐to-‐wall carpet or rugs, then Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before at the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, will shampoo and clean said rug or carpet prior to vacating the premises.
c. Upon vacating the premises, Tenant shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-‐four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.
d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Tenant agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains.
e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy.
f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and shall, at Landlord's option, become Landlord's property and Landlord may dispose of it without liability. Any of the above items not completed by Tenant will be completed by Landlord, and Tenant will be charged accordingly.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon 24.1 On the expiration Expiration Date, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good order, condition and in their original conditionrepair, except for reasonable ordinary wear and teartear and such damage or destruction as Landlord is required to repair or restore under this Lease, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone of Tenant's Property therefrom except as otherwise expressly provided in this Lease.
24.2 Tenant agrees it shall indemnify and other cabling installed save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant i-n surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the term of this Lease, 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 Building by Tenant and remove from the Demised Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the after expiration or termination of the Termterm of this Lease, Landlord shall have a sum equal to two (2) times the right (but no obligation) to remove average rent and additional rent which was payable per month under this Lease during the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value last six months of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalterm hereof. 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 The aforesaid obligations under this Section shall survive the expiration or sooner termination of the term of this Lease.
Appears in 1 contract
Sources: Lease (Merit Behavioral Care Corp)