Common use of Surrender Clause in Contracts

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 2 contracts

Samples: Commercial Lease (Jazz Pharmaceuticals PLC), Commercial Lease (Jazz Pharmaceuticals PLC)

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Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing Upon expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date's right of possession, Tenant shall surrender the Premises to Landlord in good order the same condition as received, subject to any Alterations permitted by Landlord or this Lease to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees, released of all Use Clearances, and repairbroom clean, reasonable ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free the Project, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's Property, Alterations and clear of all letting property not so removed by Tenant as permitted or required herein shall be deemed abandoned and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13may be stored, with all applicable closure requirements satisfied and completedremoved, 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/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including without limitation, indemnity obligations, payment obligations with all respect to Rent and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), 34 Lease Agreement (Equinix Inc)

Surrender. On or before the ninetieth (90th) day preceding Upon the Expiration DateDate or earlier termination of Xxxxxx’s right of possession, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant Xxxxxx shall surrender the Premises to Landlord in good order and repairthe same condition as received , reasonable ordinary wear and tear tear, casualty loss and damage condemnation covered by casualty exceptedParagraphs 16 and 17 excepted and otherwise in accordance with the Move Out Conditions attached hereto. Any Trade Fixtures, free Tenant-Made Alterations and clear of all letting and occupancies and free of Tenant’s Hazardous Substances property not removed by Tenant as required pursuant to Article 13shall either, with all applicable closure requirements satisfied and completed, and with all of Tenantat Landlord’s Property election: (including all movable equipment, furniture, trade fixtures and other personal propertyi) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant(ii) be deemed abandoned in which case it may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Xxxxxx waives all claims against Landlord for any damages resulting from Xxxxxxxx’s retention and disposition of such property. Any outstanding Tenant obligations under this Lease shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment therefore of Taxes, and all obligations concerning the condition and repair of the Premises. Notwithstanding anything contained herein to the contrary, in the event Tenant fails to surrender the Premises in the condition as provided herein, upon the expiration, or earlier termination, of this Lease, Xxxxxx agrees that Landlord shall have the right, but not the obligation, to complete such modifications, maintenance, repairs, and replacements on Tenant’s behalf, and Tenant shall reimburse Landlord for such costs as estimated by Landlordindependent contractors, along with a management fee equal to five (5%) of such costs, no later than thirty (30) days from receipt of demand.

Appears in 2 contracts

Samples: Lease (Lakeside Holding LTD), Lease (Lakeside Holding LTD)

Surrender. On or before No act by Landlord will be an acceptance of a surrender of the ninetieth (90th) day preceding Property, and no agreement to accept a surrender of the Expiration Date, Tenant shall notify Landlord Property will be valid unless it is in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to and signed by Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through end of the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in Term or the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal termination of Tenant’s right to possess the Property and any Alterations (subject to the Wind-Down Period, as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateprovided below), Tenant shall surrender the Premises shall: (a) deliver to Landlord the Property with all Improvements located thereon in good order repair and repaircondition, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Substances as Materials if required pursuant under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to Article 13the use, testing or storage of Hazardous Materials in compliance with all applicable closure requirements satisfied Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and completednot so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and with all Tenant shall pay for the expenses and costs incurred by Landlord in connection therewith, whether for such removal or the restoration of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed damages resulting from such removal. On or before the Premises. Subject to Article 10, upon any expiration or earlier termination of this Lease all improvementsLease, except for Tenant’s Property, Tenant shall automatically cause any Leasehold Mortgages to be fully released and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlorddischarged.

Appears in 2 contracts

Samples: Ground Lease, Recognition Agreement

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateexpiration or earlier termination of this Lease for any reason, Tenant shall surrender the Premises to Landlord in good order and repairits condition existing as of the date Landlord delivers possession of the Premises to Tenant, reasonable normal wear and tear and damage by fire or other casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied interior walls repaired and completedrepainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all 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, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and with all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s Property (including all movable equipment's trade fixtures, furniture, trade fixtures moveable equipment and other personal property) , and any Alterations which Landlord elects to be removed from pursuant to Section 5.3, and shall restore the Premises. Subject Premises to Article 10its condition prior to their installation, upon any termination of this Lease including, without limitation, repairing all improvements, except for Tenant’s Property, shall automatically and without further act damage caused by Landlord the installation or Tenant, become the property of Landlord, free and clear removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim or interest therein by from Tenant all expenses arising out of Tenant's failure to remove the property, and without payment therefore liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord.

Appears in 2 contracts

Samples: Lease (Trimble Navigation LTD /Ca/), Lease (Trimble Navigation LTD /Ca/)

Surrender. On At the expiration of the Term or before earlier termination of this Lease, without the ninetieth (90th) day preceding the Expiration Daterequirement of any notice, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to peaceably surrender the Premises to Landlord. At least sixty (60) days prior including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Move-Out DatePremises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall walk through leave the Premises to identify any repair and removal work improvements in the condition in which the same are required to be performed by Tenantmaintained under Section 5.1, provided that failure by any party subject to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty exceptedcasualty. Tenant shall, free at the time of termination, remove the goods, effects and clear fixtures which Tenant is directed or permitted to remove in accordance with the provisions of all letting this Section 5.10, making any repairs to the Premises and occupancies other areas necessitated by such removal and free leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s Hazardous Substances as required expense. In the event that Landlord terminates this Lease pursuant to Article 13, Section 7.1 and re-enters and possesses the Premises in accordance with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination terms of this Lease all improvementsthen Landlord may, except for without notice, store Tenant’s Property, shall automatically personal property (and without further act by Landlord or Tenant, become the property of Landlord, free and clear those of any claim person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or interest therein by Tenant, and without payment therefore by other charges owing Landlord.

Appears in 2 contracts

Samples: Office Lease (Altus Pharmaceuticals Inc.), Altus Pharmaceuticals Inc.

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateexpiration or earlier termination of this Lease for any reason, Tenant shall surrender the Premises to Landlord in good order and repairits condition existing as of the date Landlord delivers possession of the Premises to Tenant, reasonable normal wear and tear and damage by fire or other casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied interior walls repaired and completedrepainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all 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, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and with all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s Property (including all movable equipmenttrade fixtures, furniture, trade fixtures moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) removed from the Premises. Subject conveyed such property to Article 10Landlord without compensation or (b) abandoned such property, upon and Landlord may dispose of or store any termination of this Lease all improvements, except for part thereof in any manner at Tenant’s Propertysole cost, shall automatically and without further act by Landlord or waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant, become ’s failure to remove the property of Landlord, free and clear of any claim or interest therein by Tenantproperty, and without payment therefore liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord.

Appears in 2 contracts

Samples: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)

Surrender. On or before The LESSEE shall, on the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant term or earlier termination of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, remove all of its personal property and shall leave effects from the floor broom clean Leased Premises and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises same, together with all additions, alterations, and improvements made by the LESSEE, to Landlord the LESSOR in good order and repairtenantable condition, reasonable ordinary wear and tear and damage by fire or other casualty not occurring as a result of the LESSEE’S negligence only excepted. If the LESSOR shall so elect, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant any personal property belonging to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) the LESSEE not removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, Leased Premises shall automatically be deemed abandoned and without further act by Landlord or Tenant, become the property of Landlord, free and clear the LESSOR without the necessity of any claim payment to the LESSEE. If the LESSEE leaves any property at the Premises after the end of the Term or interest therein by Tenantafter the rightful termination of this Lease, then all such property is considered abandoned. The Landlord may store, use, sell, or dispose of the abandoned property. The LESSEE shall pay 125% of all reasonable expenses related to disposal of the abandoned property as Additional Rent. In the event the LESSEE remains in possession of the leased premises after expiration of the tenancy created hereunder, and without payment therefore by Landlordexecution of a new lease, the LESSEE, at the option of the Lessor shall be deemed to be Holding Over, as a LESSEE from month to month, at twice the latest base Rent and Additional Rent, and subject to all other conditions, provisions and obligations of the lease insofar as the same are applicable to a month to month tenancy. Notwithstanding the foregoing, LESSEE will refrain from moving the Collateral from the Leased Premises without LESSOR’S prior written consent and will advise LESSOR as to the location of all other Collateral in its possession.

Appears in 2 contracts

Samples: Commercial Lease (Telemynd, Inc.), Commercial Lease (MYnd Analytics, Inc.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing Upon expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees (or Hazardous Materials brought upon, kept or used in or about the Project by Tenant or any of its agents, employees, contractors or invitees) and repairreleased of all Hazardous Materials Clearances, reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all replacing such lost access card or key or the cost of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from reprogramming the Premisesaccess security system in which such access card was used or changing the lock or locks opened by such lost key. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment therefore by Landlordobligations with respect to Rent and obligations concerning the condition and repair of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Sunesis Pharmaceuticals Inc), Lease Agreement (Omeros Corp)

Surrender. On At the expiration of the Term or before earlier termination of this Lease, without the ninetieth (90th) day preceding the Expiration Daterequirement of any notice, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to peaceably surrender the Premises to Landlord. At least sixty (60) days prior including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Move-Out Date, Landlord and Tenant Premises (which shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord) except to the extent readily removable without harm or adverse effect to Building structure or Building systems, free Tenant's battery powered uninterrupted power supply, computers, Generator, and clear other equipment of Tenant which may be readily removed without harm or adverse effect to Building structure or Building systems, and such alterations and additions as Landlord shall direct Tenant to remove (which direction shall be made by Landlord at the time Landlord consents to any claim such alteration and/or addition), the Premises and improvements to be in the condition in which the same are required to be maintained under Section 5.1. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or interest therein permitted to remove in accordance with the provisions of this Section, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such goods, effects, and fixtures, Landlord may have them removed forcibly, if necessary, and store any of Tenant's property in a public warehouse at the risk of Tenant. If such items are not removed from storage within thirty (30) days after notice to Tenant, such items may be sold by any customary methods in order to pay storage costs and without payment therefore other expenses of Landlord. The expense of such removal, storage and reasonable repairs necessitated by such removal shall be borne by Tenant or reimbursed by Tenant to Landlord.

Appears in 2 contracts

Samples: Storagenetworks Inc, Storagenetworks Inc

Surrender. On or before Upon the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in as good order and repaira condition as when received, reasonable subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, “Tenant HazMat Operations”), broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all replacing such lost access card or key or the cost of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from reprogramming the Premisesaccess security system in which such access card was used or changing the lock or locks opened by such lost key. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment therefore by Landlordobligations with respect to Rent and obligations concerning the condition and repair of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Surrender. On At the termination or before the ninetieth (90th) day preceding the Expiration Dateexpiration of this Lease, Tenant shall notify Landlord in writing of deliver the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord Space in good order and repair, reasonable ordinary wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free . Tenant shall not be required to surrender any of Tenant’s Hazardous Substances as required pursuant 's trade fixtures, equipment or personal property, unless permanently affixed to Article 13the Tenant Space, with all applicable closure requirements satisfied provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and completedshall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, and with all equipment, or personal property of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from . In no event will Tenant have the Premises. Subject right to Article 10, upon any hold over past the termination of this Lease Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all improvementsremedies at law or in equity, except for Tenant’s Propertyincluding, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall automatically and be without further act by Landlord any liability or Tenant, become the property of claim against Landlord, free and clear of any claim or interest therein which are hereby waived by Tenant, and without payment therefore by Landlord.

Appears in 2 contracts

Samples: Client Lease (Altair Nanotechnologies Inc), Equity Client Lease (Altair Nanotechnologies Inc)

Surrender. On Upon expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing earlier termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender to Port Port’s Equipment and the Premises to Landlord in good order order, condition, and repair, reasonable repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 19 and 20 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by casualty exceptedproper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all letting liens and occupancies encumbrances other than liens and free encumbrances existing as of Tenant’s Hazardous Substances as required pursuant to Article 13the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed Tenant at its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Subject Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 28 and Section 15.4, Tenant shall continue to Article 10be responsible for the payment of Rent (as the same may be increased pursuant to Section 29.1 or 29.2 below as applicable) until the Premises is surrendered in accordance with these Sections, upon and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease all improvements, except for Tenant’s Property, and surrender of the Premises by Tenant shall automatically constitute acceptance of the surrender of the Premises and without further act by Landlord or Tenant, become the property accomplish a termination of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordthis Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Surrender. On or before Upon the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all replacing such lost access card or key or the cost of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from reprogramming the Premisesaccess security system in which such access card was used or changing the lock or locks opened by such lost key. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment therefore by Landlordobligations with respect to Rent and obligations concerning the condition and repair of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Atossa Genetics Inc), Lease Agreement (Elan Corp PLC)

Surrender. On The LESSEE shall at the expiration or before other termination of this Lease remove all LESSEE’S goods and effects from the ninetieth Leasehold, (90th) day preceding including without hereby limiting the Expiration generality of the foregoing, any and all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leasehold). LESSEE shall deliver to the LESSOR the Leasehold and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Leasehold, in the same condition as they were at the Commencement Date, Tenant shall notify Landlord or as they were put in writing of during the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairterm hereof, reasonable wear and tear and damage by fire or other casualty only excepted. In the event of the LESSEE’S failure to remove any of LESSEE’S property from the Leasehold, free and clear after surrender of all letting and occupancies and free of Tenant’s Hazardous Substances the Leasehold as required pursuant described above, LESSOR is hereby authorized, without liability to Article 13, with all applicable closure requirements satisfied and completedLESSEE for loss or damage thereto, and with at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice any or all of Tenant’s Property (including all movable equipmentthe property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, furnitureor to destroy such property. The LESSEE, trade fixtures and other personal property) removed from however, notwithstanding anything to the Premises. Subject to Article 10contrary herein provided, upon any shall have the right, during or prior to, termination of this Lease its occupancy to remove all improvements, except for Tenant’s Property, shall automatically Leasehold improvements made by LESSEE on the condition that LESSEE will repair all damage caused by such removal and without further act by Landlord or Tenant, become will restore the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordLeasehold to its original condition.

Appears in 2 contracts

Samples: Commercial Lease (T2 Biosystems, Inc.), Commercial Lease (T2 Biosystems, Inc.)

Surrender. On or before Tenant agrees that on the ninetieth (90th) last day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (Term, or on the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant sooner termination of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises premises to Landlord (a) in good order condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (including all movable equipment, furniture, trade fixtures as hereinafter defined) and other personal property) removed Tenant’s signage from the Premises. Subject , the Building and the Project and repair, patch, repair and repaint to Article 10match any damage any damage caused by such removal, upon any and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease all improvementsprior to the scheduled Expiration Date, except for in which event no advance notice shall be required), require Tenant at Tenant’s Propertyexpense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall automatically notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant’s expense, become and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)

Surrender. On Upon the expiration or before earlier termination of this Lease or the ninetieth (90th) day preceding termination of Tenant's right to occupy the Expiration DateLeased Property, all Improvements shall automatically become the property of Landlord. Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans covenants to thereupon surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Leased Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair(if applicable) operating condition, reasonable wear and tear and damage by casualty excepted, free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all letting consumable items from the Leased Property. If Tenant fails to remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is not obligated to, at Tenant's expense and occupancies without notice to Tenant, remove the same from the Leased Property and free thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant’s Hazardous Substances as required pursuant 's occupancy, Tenant shall promptly execute and deliver to Article 13Landlord (i) a quitclaim deed or, with all applicable closure requirements satisfied and completedat Landlord's option, and with all of Tenant’s Property (including all movable equipmenta memorandum, furniturein recordable form, trade fixtures and other personal property) removed from evidencing the Premises. Subject to Article 10, upon any termination of this Lease all improvementsand (ii) bills of sale and other documents and instruments of conveyance, except for Tenant’s Property, shall automatically transfer and without further act by assignment as Landlord or Tenant, become may reasonably request to evidence Landlord's acquisition of ownership of the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordImprovements.

Appears in 1 contract

Samples: Ground Lease (Grand Casinos Inc)

Surrender. On Subject to the provisions of SECTION 5.07 hereof, on the Term Expiration Date (or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease), Tenant Xxxxxx shall notify Landlord in writing quit and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, reasonable wear and tear tear, taking by condemnation and damage by casualty excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, free without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and clear articles of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedpersonal property owned by Tenant in the Leased Premises, and with all of Tenant’s Property shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all improvementsof such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, except for Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant’s Property, . Landlord shall automatically and without further act by Landlord or Tenant, become apply the property of Landlord, free and clear proceeds of any claim such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or interest therein by thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Shopnow Com Inc

Surrender. On (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease), Tenant Xxxxxx shall notify Landlord in writing quit and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in broom clean condition and as good order and repaircondition as they were in on the Term Commencement Date, reasonable wear and tear tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, free without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and clear articles of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedpersonal property owned by Tenant in the Leased Premises, and with all of Tenant’s Property shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all improvementsof such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, except for Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant’s Property, . Landlord shall automatically and without further act by Landlord or Tenant, become apply the property of Landlord, free and clear proceeds of any claim such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or interest therein by thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Surrender. On Upon the expiration or before termination of the ninetieth (90th) day preceding the Expiration Datefinal Lease Term, howsoever effected, Tenant shall notify forthwith surrender the Leased Premises to Landlord or Landlord’s designee, free and clear of all claims, liens, security interests and other encumbrances (except Permitted Encumbrances and other encumbrances approved in writing by Landlord during the Lease Term) and in as good working order and condition as on the Commencement Date, ordinary wear and tear excepted. Landlord's Equipment and all inventory acquired by Tenant during the Lease term and on hand as of the estimated date (of expiration or termination shall also be surrendered to Landlord and all equipment and inventory surrendered shall have an aggregate functional capability at least equal to the “Move-Out aggregate functional capability of the equipment and inventory existing at the Facility as of the Commencement Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through expiration of the Premises to identify final Lease Term or upon any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant sooner termination of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave or upon Xxxxxxxx’s rightful reentry onto the floor broom clean and the walls patched and paint-ready. Upon the Termination DatePremises, Tenant shall surrender the Premises to Landlord “broom clean” and in good order working order, condition and repair, reasonable except for ordinary wear and tear and damage by casualty exceptedor condemnation. Tenant shall cooperate fully with the transfer of operations to any new tenant including, free without limiting the generality of the foregoing, the transfer of information on resident accounts and clear contracts. In no event may the Tenant seek to change the number of all letting and occupancies and free licensed beds at the Leased Premises or move any part of Tenant’s Hazardous Substances as required pursuant its nursing home operation to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from another location without the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property express written consent of Landlord, free and clear of any claim which consent may be withheld with or interest therein by Tenant, and without payment therefore by Landlordcause in Xxxxxxxx’s sole discretion.

Appears in 1 contract

Samples: Lease Agreement

Surrender. On or before of At the ninetieth (90th) day preceding end of the Expiration Dateterm of this Lease, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to Leased Space surrender the Premises Leased space to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord together with all alterations, additions and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenantimprovements thereto, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean condition and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable repair except for ordinary wear and tear and damage by casualty exceptedfor which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the terms hereof, free and clear Tenant shall have the right at the end of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant the term hereof to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable remove any equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant, provided that Tenant promptly repairs any damage to the Leased Space caused by such removal. Tenant shall repair all damage to the Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or hereafter in effect in Pennsylvania. If Tenant shall fail to remove any of its equipment, furniture, trade fixtures or other personal property) removed from , Landlord may remove and store the Premises. Subject same at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any proceeds thereof to Article 10be first applied to the costs and expenses, upon any termination including attorney's fees, of this Lease all improvements, except for Tenant’s Property, shall automatically the storage and without further act by Landlord or Tenant, become sale and the property of Landlord, free and clear payment of any claim or interest therein amounts owed hereunder by the Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Antares Pharma Inc /Mn/

Surrender. On Upon expiration of the Term or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of Tenant’s right of possession, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior may, subject to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant exercise of any of its obligations hereunder. Prior remedies by Landlord (to the Termination Date, Tenant shall repair at extent not waived with respect to any of Tenant’s sole costpersonal property which is leased or financed), all damage caused by removal of remove Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty exceptedSections 18 and 19 excepted and shall return to Landlord all keys to offices and restrooms furnished to, free or otherwise procured by, Tenant. If any, such key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Tenant Property, Alterations and clear property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of all letting and occupancies and free of by Landlord at Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedexpense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term shall survive the termination of the Term, including without limitation, indemnity obligations, payment obligations with all respect to Rent and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject , including the obligation to Article 10, upon any termination of this Lease obtain all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordrequired Hazardous Materials Clearances.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Surrender. On LESSEE shall at the expiration or before earlier termination of this Lease remove all of LESSEE's good and effects from the ninetieth Premises (90th) day preceding including, without hereby limiting the Expiration Date, Tenant shall notify Landlord in writing generality of the estimated date foregoing, all lettering, affixed or painted by the LESSEE, either inside or outside the Property). LESSEE shall deliver to LESSOR the Premises (subject to reasonable wear and tear and damage by other casualty) and all keys, locks thereto, and other fixtures and equipment connected therewith to the “Move-Out Date”) extent installed by LESSOR and all alterations, additions and improvements made to or upon which Tenant plans the Premises, including, but not limited to, any offices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to surrender the extent that the foregoing are attached to the walls or floors and all electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. Lessee shall not be obligated to restore the Premises to Landlordits pre-occupancy status. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant LESSEE shall walk through deliver the Premises to identify any repair in a clean and removal work to be performed by Tenant, provided that failure by any party to participate neat order and in the walk-through shall not relieve Tenant same conditions as they were at the commencement of any of its obligations hereunder. Prior to the Termination Dateterm, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations or as required under this Lease, and shall leave they were put in during the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairterm hereof, reasonable wear and tear and damage by fire or other casualty only excepted. LESSEE shall have the right to remove any trade fixtures, free equipment or personal property owned by LESSEE and clear located in the Premises. In the event of all letting and occupancies and free LESSEE's failure to remove any of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed the foregoing from the Premises. Subject , LESSOR is hereby authorized, without liability to Article 10LESSEE for loss or damage thereto, upon and at the sole risk of LESSEE, to remove and store any termination of this Lease such property at LESSEE's expense, or to retain the same under LESSOR's control or to sell at public or private sale without notice, any or all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free not so recovered and clear to apply the net proceeds from such sale to the payment of any claim sum due hereunder, or interest therein by Tenant, and without payment therefore by Landlordto destroy such property which shall be conclusively deemed to have been abandoned.

Appears in 1 contract

Samples: Lease Agreement (Ydi Wireless Inc)

Surrender. On This Lease shall automatically terminate or before expire at the ninetieth (90th) day preceding end of the Expiration DateMain Term hereof, without the necessity of any notice from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to vacate the Demised Premises and agrees that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of Demised Premises from a tenant holding over to the same extent as if statutory notice had been given. Tenant shall notify deliver and surrender to Landlord possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in good condition and repair. Tenant at its own cost and expense shall remove all property of Tenant and all alterations, additions and improvements which Landlord has required in writing to be removed upon the expiration or termination of this Lease and shall repair all damage to the estimated date (Demised Premises caused by such removal and restore the “Move-Out Date”) upon which Tenant plans to surrender the Demised Premises to Landlord. At least sixty (60) days the condition in which they existed immediately prior to the Move-Out Dateinstallation of the articles so removed. Any property not so removed at the expiration of the Term hereof shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord, as Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenantdesire, provided that failure by any party to participate in the walk-through but such abandonment shall not relieve Tenant of any of its obligations hereunderto remove and repair and restore at its own expense if required by Landlord. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under obligation to observe or perform this Lease, and covenant shall leave survive the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordLease.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Surrender. On or before the ninetieth (90th) day preceding the Expiration DateDate or earlier termination of this Sublease, Tenant Sublessee shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any remove all of its obligations hereunder. Prior trade fixtures and all alterations and improvements (unless Master Lessor has permitted Sublessee to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property leave its alterations and any Alterations as required under this Leaseimprovements), and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Subleased Premises to Landlord Sublessor in good order clean condition and repair, reasonable in the same condition required by Section 2.6 of the Master Lease. Any damage or deterioration of the Subleased Premises shall not be deemed ordinary wear and tear if the same could have been prevented by customary and ordinary maintenance practices. Not later than the expiration of the Term of this Sublease or the date of any sooner termination, Sublessee shall repair any damage to the Subleased Premises occasioned by casualty exceptedthe installation or removal of Sublessee’s trade fixtures, free furnishings, equipment, alterations or improvements and clear personal property. If the Subleased Premises are not so surrendered, then Sublessee shall be liable to Sublessor for all reasonable costs incurred by Sublessor in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. Sublessee shall indemnify, defend, protect and hold harmless Sublessor against any and all claims, liabilities, judgments, causes of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13action, with all applicable closure requirements satisfied and completeddamages, costs, and with all of Tenant’s Property expenses (including all movable equipmentreasonable attorneys’ and experts’ fees) resulting from Sublessee’s delay in surrendering the Subleased Premises, furnitureincluding, trade fixtures and other personal property) removed without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. The indemnification set forth in this Paragraph shall survive the Premises. Subject to Article 10, upon any expiration or earlier termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordSublease.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to peaceably leave and surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in good order and repairthe same condition in which the Leased Premises was at the commencement of this Lease, reasonable except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear tear, and damage by casualty any Casualty or Condemnation as to which Tenant has no obligation hereunder to repair or restore, excepted. Upon such surrender, free and clear of Tenant shall (a) remove from the Leased Premises all letting and occupancies and free of (x) Tenant’s Hazardous Substances as Personal Property, (y) Alterations required to be removed pursuant to Article 13Paragraph 13 hereof, with all applicable closure requirements satisfied and completedif any, and with (z) all of Tenant’s Forced Removal Items, if applicable; and (b) repair any damage caused by such removal. Property (including all movable equipment, furniture, trade fixtures and other personal property) not so removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, not become the property of LandlordLandlord unless Landlord shall, free at its option, notify Tenant in writing that Landlord has deemed such remaining property abandoned and clear has elected to take title to same, but in either event Landlord may cause such property to be removed from the Leased Premises and the cost of removing and disposing of such property and repairing any claim damage to any of the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or interest therein by Tenant, and without payment therefore by Landlordto any extent be obligated to reimburse or otherwise compensate Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.

Appears in 1 contract

Samples: Agreement of Lease

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing sooner termination of the estimated date (Term of this Lease, if Tenant has fully and faithfully perform-ed all of the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateterms, Landlord conditions and Tenant shall walk through the Premises to identify any repair and removal work covenants of this Lease to be performed by Tenant, provided that failure by any party to participate in the walk-through shall but not relieve Tenant of any of its obligations hereunder. Prior to the Termination Dateotherwise, Tenant shall shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Leasethereto resulting from such removal, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall thereupon surrender the Premises to Landlord in good order and repairthe same condition as on the Occupancy Date, reasonable wear and tear excepted. If Tenant has not fully and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with faithfully performed all of Tenant’s Property (including all movable equipmentthe terms, furniture, trade fixtures conditions and other personal property) removed from the Premises. Subject to Article 10, upon any termination covenants of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein to be performed by Tenant, Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removal or otherwise. If the Premises is not surrendered at the end of the Term, Tenant shall indemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without payment therefore limitation, any claims made by Landlordany succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion of the Premises.

Appears in 1 contract

Samples: Lease (Mego Financial Corp)

Surrender. On Tenant agrees, at the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing earlier termination of the estimated date (the “Move-Out Date”) upon which Tenant plans term hereof, promptly to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateyield up, Landlord clean and Tenant shall walk through the Premises to identify any repair neat, and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant same condition of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable normal wear and tear tear, casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 15) and damage by casualty exceptedtaking (if terminated as a result thereof pursuant to Paragraph 17)excepted, free in which they are required to be kept throughout the term hereof, the Demised Premises and clear of all letting fixtures and occupancies equipment servicing the Demised Premises and free to remove Tenant's signs, goods and effects and any machinery, fixtures and equipment used in the conduct of Tenant’s Hazardous Substances 's business not servicing the Demised Premises, and to repair any damage caused by the removal. Any of Tenant's personal property such as required machinery, trade fixtures, etc., not removed by the Tenant in accordance with the terms hereof, at the option of the Landlord hereof, may be deemed abandoned and worthless and, optional with the Landlord, may be permitted to remain on the Demised Premises or may be removed therefrom and discarded at Tenant's cost and expense and without any liability on Landlord's part. Tenant further agrees Real Estate Lease between Aduromed Corporation and Cheyenne Company LLC that this Lease shall, unless sooner terminated pursuant to Article 13the provisions hereof, with all applicable closure requirements satisfied and completed, and with all expire absolutely on the expiration of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and term hereof without further act by Landlord or Tenant, become the property of Landlord, free and clear requirement of any claim or interest therein by notice from Landlord to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Lease (General Devices Inc)

Surrender. On or before the ninetieth (90th) day preceding Upon the Expiration Date or earlier cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall notify Landlord in writing immediately vacate and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord broom clean and in good order order, repair and repaircondition, reasonable except for ordinary wear and tear and damage by casualty exceptedfire or other casualty. Upon the expiration or other termination of the Term, free Tenant shall (a) remove all Specialty Alterations required to be removed by Section 10.1.5 and clear shall restore the Premises to the condition existing prior to the installation of all letting such Specialty Alterations, which removal and occupancies and free of Tenant’s Hazardous Substances as required restoration shall be performed pursuant to the provisions of Article 13, with all applicable closure requirements satisfied and completed10 of this Lease, and with (b) remove all of Tenant’s Property (including all movable equipmenttrade fixtures, office furniture, trade fixtures office equipment and other personal property) removed property from the Premises. Subject Tenant shall immediately repair any damage caused by such removal or, at Landlord’s option, pay Landlord on demand the reasonable cost of repairing any damage to Article 10, upon the Premises or Building caused by the removal of any termination such items. Any of this Lease all improvements, except for Tenant’s Propertyproperty remaining in the Premises shall be conclusively deemed to have been abandoned by Tenant and may be stored, shall automatically and sold, destroyed or otherwise disposed of by Landlord without further act by Landlord notice to or Tenant, become the property of Landlord, free and clear of any claim or interest therein by demand upon Tenant, and without payment therefore liability or obligation to account to or compensate Tenant, and Tenant shall pay to Landlord, as Rent on demand, all costs incurred by LandlordLandlord to store and dispose of such abandoned property.

Appears in 1 contract

Samples: Lease Agreement (GrubHub Inc.)

Surrender. On Upon expiration of the Term or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of Tenant's right of possession, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior may, subject to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant exercise of any of its obligations hereunder. Prior remedies by Landlord (to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal extent not waived with respect to any of Tenant’s 's personal property which is leased or financed), remove Tenant's Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty exceptedSections 18 and 19 excepted and shall return to Landlord all keys to offices and restrooms furnished to, free or otherwise procured by, Tenant. If any, such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Tenant Property, Alterations and clear of all letting property not so removed by Tenant as permitted or required herein shall be deemed abandoned and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13may be stored, with all applicable closure requirements satisfied and completedremoved, 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/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term shall survive the termination of the Term, including without limitation, indemnity obligations, payment obligations with all respect to Rent and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject , including the obligation to Article 10, upon any termination of this Lease obtain all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordrequired Hazardous Materials Clearances.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good order and repairtheir original condition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage by casualty exceptedany changes resulting from approved Alterations; provided, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant however, that prior to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all of Tenant's personal property (including, without limitation, all voice and data cabling) and trade fixtures, and, at Landlord's sole election, any other improvements, except for Tenant’s Property, shall automatically and without further act whether installed by Landlord or Tenant, become that are of a type or quantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. If such removal is not completed at the property expiration or other termination of Landlordthis Lease, free Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and clear walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Premises or any claim or interest therein by Tenantother part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and without payment therefore by Landlordvaults that may be located in the Premises.

Appears in 1 contract

Samples: Office Lease (Kitara Media Corp.)

Surrender. Section 21.01 On the Termination Date or before upon the ninetieth (90th) day preceding sooner termination of this Lease or upon any reentry by Landlord pursuant to Article 18 upon the Expiration DatePremises, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateshall, Landlord at its sole cost and Tenant shall walk through the Premises to identify any repair expense, quit, surrender, vacate and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender deliver the Premises to Landlord “broom clean” and in good order order, condition and repairrepair except for ordinary wear, reasonable wear and tear and damage by casualty exceptedfire or other casualty, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, together with all applicable closure requirements satisfied Tenant Improvements which are not required to be removed at the end of the Term by Tenant under Article 10 and completed, Fixtures and with 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 (including Property, all movable equipment, furniture, trade fixtures Tenant Improvements which are required to be removed at the end of the Term under Article 10 and all other personal property) removed from property and personal effects of all persons claiming through or under Tenant, and shall pay the Premisescost of repairing all damage to the Premises and the Real Property occasioned by such removal. Subject to Article 10, upon any Any Tenant’s Property or other personal property which shall remain in the Premises after the termination of this Lease all improvementsshall be deemed to have been, except for 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 PropertyProperty or other personal property or any part thereof shall be sold, shall automatically Landlord may receive and without further act by Landlord or Tenant, become retain the proceeds of such sale as the property of Landlord, free and clear . Any reasonable expense reasonably incurred by Landlord in removing or disposing of any claim such Tenant’s Property or interest therein other personal property shall be reimbursed to Landlord by Tenant, and without payment therefore by LandlordTenant as Additional Rent on demand.

Appears in 1 contract

Samples: Indenture of Lease (Carbonite Inc)

Surrender. On Upon expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing earlier termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender to Port the Premises to Landlord in good order order, condition, and repair, reasonable repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by casualty exceptedproper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all letting liens and occupancies encumbrances other than liens and free encumbrances existing as of Tenant’s Hazardous Substances as required pursuant to Article 13the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed Tenant at its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Subject Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 13.5, Tenant shall continue to Article 10be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in accordance with these Sections, upon and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease all improvements, except for Tenant’s Property, and surrender of the Premises by Tenant shall automatically constitute acceptance of the surrender of the Premises and without further act by Landlord or Tenant, become the property accomplish a termination of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordthis Lease.

Appears in 1 contract

Samples: Lease Agreement

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease or Xxxxxx's right to possession, Xxxxxx will at once surrender and deliver up the Premises, together with all improvementsimprovements thereon, except for to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Xxxxxx's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a bill of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s Propertyfence), Tenant shall automatically remove all such items and without further act by restore the Premises to their original condition, ordinary wear and tear excepted upon expiration or termination of this Lease. If, after Xxxxxxxx’s request, Xxxxxx does not remove said Alterations, Landlord or Tenant, become may remove the property same and Tenant shall pay the cost of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordsuch removal to Landlord upon demand.

Appears in 1 contract

Samples: Industrial Building Lease

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, earlier termination of this Lease. Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord peaceably leave and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord broom-clean, with all floor covering, professionally cleaned, with all wall surfaces properly patched and repainted, as may be needed, with the personal property described on Exhibit B in good order and repair, the same condition as delivered (reasonable wear and tear excepted) and damage otherwise in the condition in which the Premises are required to be maintained by casualty excepted, free the terms of this Lease. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and clear shall Inform Landlord of all letting combinations on locks, safes and occupancies vaults, if any, in the Premises, Tenant shall, at its expense, remove from the Premises on or prior to such expiration or earlier termination all furnishings, fixtures and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property equipment situated thereon (including all movable equipmentexterior and interior signs) which are not the property of Landlord as provided in Section 11.01, furnitureand Tenant shall, trade fixtures and other at its expense, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant agrees that upon surrender or abandonment, as defined in applicable state statutes, Landlord shall not be liable or responsible for storage or disposition of the Tenant’s personal property) . Any property not so removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear Landlord may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any claim or interest therein such removal and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Village Center Lease Agreement (Digital Domain Media Group, Inc.)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing sooner termination of the estimated date (Term of this Lease, if Tenant has fully and faithfully perform-ed all of the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateterms, Landlord conditions and Tenant shall walk through the Premises to identify any repair and removal work covenants of this Lease to be performed by Tenant, provided that failure by any party to participate in the walk-through shall but not relieve Tenant of any of its obligations hereunder. Prior to the Termination Dateotherwise, Tenant shall shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Leasethereto resulting from such removal, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall thereupon surrender the Premises to Landlord in good order and repairthe same condition as on the Commencement Date, reasonable wear and tear excepted. If Tenant has not fully and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with faithfully performed all of Tenant’s Property (including all movable equipmentthe terms, furniture, trade fixtures conditions and other personal property) removed from the Premises. Subject to Article 10, upon any termination covenants of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein to be performed by Tenant, Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removal or otherwise. If the Premises is not surrendered at the end of the Term, Tenant shall indemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without payment therefore limitation, any claims made by Landlordany succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion of the Premises.

Appears in 1 contract

Samples: Lease (Mego Financial Corp)

Surrender. On Tenant covenants and agrees to surrender possession of the Premises upon termination of this Lease (whether by termination, expiration or otherwise) in as good condition as on the Commencement Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and damage from casualty as described in Article 11 which results in the termination of this Lease and repairs which are the responsibility of the Authority, excepted. No act or thing done by the Authority during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid, unless in writing signed by the Authority. The delivery of keys to any employee of the Authority or of the Authority’s agents shall not operate as a termination of this Lease or a surrender of the Premises. If upon such termination Tenant fails to remove any personal property or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or before the ninetieth (90th) day preceding the Expiration Date, the 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 notify Landlord reimburse the Authority for any reasonable expense incurred by the Authority in writing 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 estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior sale, second, to the Move-Out Datepayment of charges for storage and removal, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenantthird, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Datepayment 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 repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave pay such excess to the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, Authority upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlorddemand.

Appears in 1 contract

Samples: Lease Agreement

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready20.01. Upon the Termination Dateexpiration of the Term or any earlier termination of the Lease, Tenant shall, if Landlord so requests, remove all exposed computer, telephone and other wiring, cables and equipment and Tenant's property; and tenant shall surrender the Demised Premises to Landlord broom-clean and in good order and repaircondition, reasonable ordinary wear and tear and damage from causes beyond Tenant's reasonable control excepted. In the event of Tenant's failure to so remove such equipment or Tenant's property, Landlord shall have the option either to retain such property without obligation to Tenant or to dispose thereof at Tenant's expense, including a charge of fifty cents per square foot of rentable area for removal of wiring and equipment. If Tenant retains possession of the Demised Premises or any part thereof after the expiration of the Term or earlier termination of the Lease, without Landlord's prior consent, Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on a daily basis, an amount equal to one and one-half (1-1/2) times the Net Rent stipulated in Section 1.04(a) hereof (or the Net Rent payable during the Extended Term, if any), for the time Tenant thus remains in possession, (i) all reasonable costs and expenses relating to the Building incurred by casualty exceptedLandlord for such period of Tenant's holdover, free and clear (ii) all damages sustained by Landlord by reason of Tenant's retention of possession. Nothing contained in the Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Demised Premises beyond the expiration or prior termination of the Term, and Landlord, upon such expiration or prior termination of the Term shall be entitled to the benefit of all letting and occupancies and free legal remedies now in force or hereafter enacted relating to the speedy repossession of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Demised Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Medco Health Corp

Surrender. On Upon termination of the Lease Term or before earlier termination of Tenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the ninetieth Construction Addendum, if any, attached hereto (90th"Initial Improvements") day preceding shall remain in the Expiration Date, Premises as the property of Landlord. Tenant shall notify Landlord in writing of have the estimated date (the “Move-Out Date”) upon which Tenant plans right to surrender the Premises to Landlord. At least sixty (60) days prior remove its Trade Fixtures subject to the Move-Out Daterepair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord and Tenant shall walk through the Premises may, by 90 days written notice to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve require Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, all and to repair any damage caused by such removal of Tenant’s Property and any Alterations in the same condition as required under this Leasereceived, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateclean, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable ordinary wear and tear and damage casualty loss and condemnation covered by casualty Paragraphs 15 and 16 excepted. Any Trade Fixtures, free Tenant-Made Alterations, Non Structural Alterations or Initial Improvements and clear of all letting property not so removed by Tenant as permitted or required herein shall be deemed abandoned and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13may be stored, with all applicable closure requirements satisfied and completedremoved, 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 all respect to Operating Expenses and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Celerity Group Inc)

Surrender. A. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateexpiration or termination of this Sublease, Landlord whether by expiration, forfeiture, lapse of time or otherwise, or upon the termination of Subtenant’s right of possession, Subtenant shall (i) remove (and Tenant shall walk through restore any damage resulting from such removal) any and all of Subtenant’s movable personal property, any Subtenant signage and, subject to Section 31 below, the Furniture (as defined below), and (ii) deliver to Sublandlord the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall condition and repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord were in good order and repairas of the Commencement Date, reasonable wear and tear and damage by casualty excepted, free including, but not limited to, removing and clear 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 all letting and occupancies and free of TenantSubtenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed , including but not limited to the Furniture (to the extent required under Section 31 below), from the Premises. Subject , such property shall be deemed abandoned (and Subtenant will be deemed to Article 10have relinquished all right, upon any termination title and interest in such property), and Sublandlord is authorized, without liability to Subtenant for loss or damage thereto, at the sole risk of this Lease Subtenant, to (a) remove and store such property at Subtenant’s risk and expense; (b) retain such property, in which case all improvementsright, except for Tenant’s Property, shall automatically title and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenantshall accrue to Sublandlord; (c) sell such property and retain the proceeds from such sale; or (d) otherwise dispose or destroy such property. Except as provided in this Section 17A, and without payment therefore by LandlordSubtenant shall have no obligation or liability with respect to Sublandlord’s restoration obligations under the Prime Lease.

Appears in 1 contract

Samples: Sublease Agreement (Ophthotech Corp.)

Surrender. On No act or before thing done by Landlord or Tenant or any agent or employee of Landlord or Tenant during the ninetieth (90th) day preceding Lease Term shall be deemed to constitute an acceptance by Landlord or Tenant of a surrender of the Expiration DatePremises unless such intent is specifically acknowledged in a writing signed by Landlord and Tenant. 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 thereafter retained by Landlord, and notwithstanding such delivery Tenant shall be entitled to the return of such keys at any reasonable time upon request until this Lease shall have been terminated. Upon the expiration of the Term or other termination of this Lease, and without further notice, Tenant shall notify peaceably and quietly quit and surrender to Landlord the Premises, broom clean, in writing of the estimated date (the “Move-Out Date”) upon good order, excepting only ordinary wear and tear and loss by fire or other casualty which Tenant plans is not obligated to surrender repair pursuant to the terms hereof. All articles of movable personal property, trade fixtures, and furniture shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateall such items of personal property, furniture and trade fixtures, and such similar articles of any other persons claiming under Tenant, as Landlord and Tenant shall walk through the Premises to identify any repair and removal work may, in its sole discretion, require to be performed by Tenantremoved, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, and Tenant shall repair at Tenant’s sole cost, its own expense all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender to the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed Office Building resulting from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordsuch removal.

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

Surrender. On or before At the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing end of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant Term of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall will surrender the Premises to Landlord in good order the same condition as when received (and repairas improved) on the Rent Commencement Date, reasonable subject to ordinary wear and tear and damage by casualty exceptedcasualty. 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, free all Alterations will become a part of the Premises and clear will become the property of all letting 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 occupancies Alterations designated by Landlord, and free of such Improvements and Alterations reasonably deemed by Tenant to be trade fixtures or proprietary to Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedbusiness, and with will promptly restore, patch, and repair any resulting damage, all of at Tenant’s Property (including all movable expense. All business and trade fixtures, machinery and equipment, furniture, trade fixtures movable partitions, and other items of personal property) removed from property owned by Tenan,t or installed by Tenant at its expense in the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically Premises will be and without further act by Landlord or Tenant, become remain the property of LandlordTenant. Tenant will, free at its sole expense, remove all such items and clear repair any damage to the Premises caused by such removal. If Tenant fails to remove any such items or repair such damage promptly before the end of any claim this Lease, Tenant will be deemed to have abandoned it and Landlord may store it at Tenant’s expense or interest therein by appropriate it for itself, or sell or dispense of it in its discretion, with no liability to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Office Lease (IonQ, Inc.)

Surrender. On Upon the end of the Term or before termination of Tenant’s right to possession of the ninetieth (90th) day preceding the Expiration DatePremises, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”a) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender return the Premises to Landlord in good order and repairbroom clean condition, reasonable free of debris, ordinary wear and tear and damage by fire or other casualty excepted, free and clear (b) remove all of all letting the Required Removables and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including any telecommunications cabling and wiring so designated), which removal shall be done in a good, workmanlike and lien-free manner, and upon such removal Tenant shall repair all movable equipmentdamage to the Premises and the Property caused by the installation or removal of such items and restore the Premises to its condition prior to the installation of such items. If Tenant does not so remove any items comprising Tenant’s Property or the Required Removables, furniture, trade fixtures then Landlord may remove such items and other personal property) removed from repair and restore the Premises, and Tenant shall pay the cost of such removal, repair and restoration to Landlord upon demand. Subject to Article 10, upon If Tenant does not remove any termination of this Lease all improvements, except for items comprising Tenant’s PropertyProperty or the Required Removables, then Tenant shall automatically be conclusively presumed to have conveyed such items to Landlord without further payment or credit by Landlord to Tenant, or at Landlord’s sole option, such items shall be deemed abandoned, in which event Landlord may cause such items to be stored, removed or disposed of at Tenant’s expense, without notice to Tenant and without further act by Landlord or obligation to compensate Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Industrial Lease Agreement (Ufp Technologies Inc)

Surrender. On or before Upon the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or any Tenant Parties, broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all replacing such lost access card or key or the cost of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from reprogramming the Premisesaccess security system in which such access card was used or changing the lock or locks opened by such lost key. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Lxxxxxxx’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment therefore by Landlordobligations with respect to Rent and obligations concerning the condition and repair of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Alumis Inc.)

Surrender. On Upon termination of this Lease or before the ninetieth (90th) day preceding the Expiration DateTenant’s right to possession, Tenant shall notify Landlord in writing of will at once surrender and deliver up the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises Premises, together with all improvements thereon, to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order condition and repair, reasonable subject to ordinary wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with tear. Tenant shall remove from the Premises all of Tenant’s Property (including all movable equipmentpersonal property, furniture, and its equipment and trade fixtures (collectively “Tenant’s Property”) and other personal property) removed Tenant shall repair any injury or damage to the Premises which may result from such removal. If Tenant does not remove Tenant’s Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant’s Property as having been conveyed to Landlord with this Lease acting as a xxxx of sale, without further payment or credit by Landlord to Tenant. Subject If Landlord requests the removal of any Alterations, Tenant shall remove all such items and restore the Premises to Article 10their original condition, ordinary wear and tear excepted upon any expiration or termination of this Lease all improvementsLease. If, except for Tenantafter Landlord’s Propertyrequest, Tenant does not remove said Alterations, Landlord may remove the same and Tenant shall automatically and without further act by pay the cost of such removal to Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordupon demand.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

Surrender. On or before Provided that all of the ninetieth (90th) day preceding Surrender Conditions have been fully and completely and timely satisfied, then effective as of the Partial Termination Date, this Lease solely with respect to the Surrender Space, and the rights of the Tenant solely with respect to the Surrender Space shall terminate and expire with the same force and effect as if such Partial Termination Date had originally been specified as the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the later of (such later date, the “Partial Surrender Date”) (i) the Partial Termination Date, and (ii) the date on which Tenant actually surrenders and yields-up the Surrender Space, Tenant shall repair at Tenant’s sole cost, comply with all damage caused by removal of Tenant’s Property the terms and any Alterations as required under this Lease, provisions of the Lease and shall leave perform all of its obligations hereunder with respect to the floor broom clean Surrender Space including, without limitation, the obligation to pay when due all Annual Fixed Rent and other Additional Rent. By not later than the walls patched and paint-ready. Upon the Partial Termination Date, Tenant shall surrender and yield-up the Surrender Space in good and broom-clean order, repair and condition, free of all tenants and occupants, and otherwise in the condition in which the Premises are required to Landlord be surrendered, subject to and in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear accordance with the provisions of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination Section 16.4 of this Lease all improvementsat the expiration of the Term. All property and Alterations of any kind, except for Tenant’s Property, nature or description remaining in the Surrender Space after the Partial Surrender Date shall automatically be and without further act by Landlord or Tenant, become the property of Landlord and may be disposed of by Landlord, free and clear of any claim or interest therein by Tenant, without payment from Landlord and without payment therefore by Landlordthe necessity to account therefor to Tenant.

Appears in 1 contract

Samples: Transportation Access Plan Agreement (CarGurus, Inc.)

Surrender. On (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease), Tenant Xxxxxx shall notify Landlord in writing quit and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, reasonable wear and tear tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, subcontractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, free without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and clear articles of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedpersonal property owned by Tenant in the Leased Premises, and with all of Tenant’s Property shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all improvementsof such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, except for Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant’s Property, . Landlord shall automatically and without further act by Landlord or Tenant, become apply the property of Landlord, free and clear proceeds of any claim such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or interest therein by thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Aquinox Pharmaceuticals, Inc

Surrender. On or before At the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing end of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall will surrender the Premises to Landlord in good order and repairthe same condition as when received at the inception of this Lease, reasonable subject to ordinary wear and tear tear. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 9 and damage Alterations that Landlord requires Tenant to remove by casualty exceptedwritten notice given before the Expiration Date, free all Alterations will become a part of the Premises and clear will become the property of Landlord at the end of this Lease. In that event, Tenant will promptly remove prior to the end of this Lease the Alterations designated by Landlord and will promptly restore, patch and repair any resulting damage, all letting and occupancies and free of at Tenant’s Hazardous Substances as required pursuant expense. If Tenant fails to Article 13perform its obligations under this Article, in addition to any other remedies, Landlord may use, apply or retain all or any part of the Security Deposit with all applicable closure requirements satisfied respect to the failure. All business and completedtrade fixtures, machinery and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures movable partitions and other items of personal property) removed from property owned by Tenant or installed by Tenant at its expense in the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically Premises will be and without further act by Landlord or Tenant, become remain the property of LandlordTenant upon the expiration of this Lease, free provided Tenant is not in default hereunder. Tenant will, at its sole expense, remove all such items and clear repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly before the end of any claim this Lease, Tenant will be deemed to have abandoned it; Landlord may store it at Tenant’s expense or interest therein by appropriate it for itself, or sell or dispense of it in its discretion, with no liability to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Lease (Syntax-Brillian Corp)

Surrender. Section 21.1 On the last day of the term demised, or before on the ninetieth (90th) day preceding the Expiration Datesooner termination thereof, Tenant shall notify peaceably and quietly leave, surrender and yield up unto Landlord in writing of the estimated date (the “MoveDemised Premises, broom-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateclean, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable ordinary wear and tear and damage by casualty excepted, free together with all alterations, additions and clear improvements which may have been made in the Demised Premises, except as otherwise provided for under this Lease. All property not removed by Tenant shall be deemed abandoned by Tenant. If the Demised Premises are not surrendered at the end of all letting the term in the condition and occupancies on the basis provided for in this Lease, Tenant shall indemnify Landlord against damage, loss and free of liability resulting from Tenant’s Hazardous Substances as required pursuant failure or refusal to Article 13, with all applicable closure requirements satisfied surrender the Demised Premises in the condition and completedon the basis provided in this Lease, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property on demand of Landlord, free shall reimburse Landlord for such damage, loss and clear liability and which damage, loss and liability shall include, without limitation, claims made by any succeeding tenant founded on Landlord’s delay in delivering the Demised Premises. Notwithstanding anything to the contrary herein contained, Tenant agrees that the minimal use and occupancy charge payable by Tenant for any holdover period shall be at a per annum rate (prorated for the holdover period) equal to one and one half times the rent payable by Tenant for the last lease year of any claim or interest therein the expired term, but nothing herein contained shall be a consent by Tenant, and without payment therefore by LandlordLandlord to such holdover.

Appears in 1 contract

Samples: Agreement of Lease (Nathans Famous Inc)

Surrender. On Upon the expiration or before earlier termination of the ninetieth (90th) day preceding Term or Tenant's right to possession of the Expiration DatePremises, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender return the Premises to Landlord in good order and repaircondition, reasonable ordinary wear and tear and damage by taking or by fire or other casualty not caused by the negligence or willful misconduct of Tenant or its agents, employees or contractors excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required . If Landlord requires Tenant to remove any alterations pursuant to Article 13Section 9, with all applicable closure requirements satisfied then such removal shall be done in a good and completedworkmanlike manner; and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and with all restore the Premises; and Tenant shall pay the cost of Tenant’s Property (including all movable such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, furniture, trade fixtures and all other items of personal property) removed property from the Premises prior to the expiration or earlier termination of the Term or Tenant's right to possession of the Premises. Subject If Tenant does not remove such items, Tenant shall be conclusively presumed to Article 10have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, upon any termination in which event Landlord may cause such items to be removed and disposed of this Lease all improvementsat Tenant's expense, except for Tenant’s Property, shall automatically without notice to Tenant and without further act by Landlord or obligation to compensate Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Subordination Agreement (Unifi Communications Inc)

Surrender. On or before Tenant agrees that on the ninetieth (90th) last day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (Term, or on the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant sooner termination of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord (a) in good order condition and repairrepair (damage by casualty, reasonable acts of God, fire, and normal wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed), and (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (including all movable equipmentas hereinafter defined) which it is obligated to remove, furniture, trade fixtures and other personal property) removed remove Tenant’s signage from the Premises. Subject , the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Article 10, upon any Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease all improvementsprior to the scheduled Expiration Date, except for in which event no advance notice shall be required), require Tenant at Tenant’s Propertyexpense to remove any or all Alterations and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, shall automatically removed, and without further act disposed of by Landlord or at Tenant’s expense, become and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvementsin any manner whatsoever, except for Tenant shall remove Tenant’s Property's goods and effects and those of any other person claiming under Tenant, shall automatically and without further act quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as at the inception of the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, become reasonable use and wear thereof, damage from fire and other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the property termination of this Lease, however terminated, shall be considered abandoned and at Landlord's option, free be conclusively deemed to have been conveyed by Tenant to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and clear of any claim or interest therein effects not removed by Tenant, in Landlord's sole and without payment therefore by Landlordabsolute discretion, the cost thereof to be charged to Tenant. Landlord shall not be responsible for the value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this subparagraph. Upon the termination of this Lease in any manner whatsoever, Tenant shall return to Landlord any and all keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord with any combinations or safe keys with respect to any secured areas within the Demised Premises.

Appears in 1 contract

Samples: Office Lease (I Trax Com Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order the condition in which the Premises were received from Landlord on the Effective Date, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and repair, reasonable except for ordinary wear and tear tear, casualty and damage by casualty condemnation excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed . Tenant shall remove from the Premises. Subject Premises on or prior to Article 10, upon any such expiration or termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act property situated thereon which is not owned by Landlord or Tenant, and shall repair any damage caused by such removal. Property not so removed shall become the property of Landlord, free and clear Landlord may cause such property to be removed from the Premises and disposed of, but the actual cost of any claim such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant’s Personal Property from Tenant for an amount equal to the fair market value of Tenant’s Personal Property; provided, however, that such option shall only be exercisable by Landlord in the event that Tenant has not removed such Personal Property within thirty (30) days following the expiration or interest therein termination of the Lease. 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. The fair market value of the Tenant’s Personal Property shall be determined by the mutual agreement of Landlord and Tenant, and without payment therefore if the parties cannot agree, by Landlordappraisal by an unrelated third-party appraiser.

Appears in 1 contract

Samples: Lease Agreement (Phoenix Container, Inc.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing Upon termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Lease Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Paragraphs 15 and 16 excepted. Any Trade Fixtures, free Tenant-Made Alterations and clear property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of all letting and occupancies and free of by Landlord at Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedexpense, 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 all respect to Operating Expenses and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject Notwithstanding the provisions of this Paragraph 21, Tenant shall not be obligated to Article 10remove any or all of the Initial Improvements to the Premises constructed by Landlord pursuant to the Construction Addendum attached to this Lease, nor any Tenant-Made Alterations constructed by or for the benefit of Tenant during the Lease Term, provided that in connection with the approval of the plans and specifications for such Tenant-Made Alterations, Tenant specifically requested and obtained in writing the agreement of Landlord that such Tenant-Made Alterations would not be required to be removed upon any the expiration or termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordLease.

Appears in 1 contract

Samples: Lease Agreement (Volterra Semiconductor Corp)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairits original condition, except for reasonable wear and tear and damage by from casualty exceptedor condemnation; provided, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant however, that prior to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or termination of this Lease Tenant shall remove from the Premises all improvementsTenant's personal property, except for Tenant’s Propertytrade fixtures, shall automatically alterations and without further act other Above-Standard Improvements that Tenant has the right or is required by Landlord or Tenantto remove under the provisions of this Lease. Tenant shall also be responsible for removal of all telephone cables and wires, become the property of LandlordCRT, free data and clear of any claim or interest therein by Tenanttelephone equipment, and without payment therefore any other form of cabling that exists in Tenant's space and was installed after the Completion Date. If any of such removal is not completed at the expiration or termination of this Lease, Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused by Landlord.such removal shall be repaired promptly by Tenant or, if Tenant fails to do so, Landlord may do so at Tenant's expense, in which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant's obligations under this Paragraph shall survive the expiration or termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Please Initial Tenant ( ) Landlord ( )

Appears in 1 contract

Samples: Agreement (Nextcard Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in their good order and repaircondition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by casualty excepted, free Landlord to remove under the provisions of this Lease and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property and trade fixtures. If such removal is not completed at the expiration or other termination of this Lease, Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the same at Tenant’s expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including all movable equipmentthe patching or repairing of damage to ceilings and walls, furniturebut Tenant shall not be required to re-paint, trade fixtures and other personal propertytouch-up paint, fill minor nail holes, etc.) removed or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the PremisesPremises shall be governed by Paragraph 9 above. Subject to Article 10, upon any Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease all improvements, except for or of Tenant’s Propertypossession, Tenant shall automatically surrender all keys to the Premises or any other part of the Building and without further act by shall make known to Landlord or Tenantthe combination of locks on all safes, become cabinets and vaults that may be located in the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordPremises.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

Surrender. On the last day or before sooner termination of the ninetieth (90th) day preceding the Expiration DateLease Term, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to quit and surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Datebroom clean, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order condition and repair, repair (reasonable wear and tear and damage by casualty acts of God or fire excepted) together with all alterations, free additions and clear of all letting and occupancies and free improvements which may have been made in, to, or on the Premises, except movable furniture or unattached movable trade fixtures put in at the expense of Tenant’s Hazardous Substances as required pursuant , except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the Lease Term whether Landlord desires to Article 13, with all applicable closure requirements satisfied have the Premises or any part or parts thereof restored to their condition when the Premises were delivered to Tenant and completed, and with all if Landlord shall so desire then Tenant shall restore said Premises or such part or parts thereof before the end of the Lease Term at Tenant’s Property (including sole cost and expense and shall remove any Alterations designated by Landlord for removal. Tenant, on or before the end of the Lease Term shall remove all movable equipment, furniture, trade fixtures and other personal property) removed its property from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Subject to Article 10If the Premises are not surrendered at the end of the Lease Term, upon any termination of this Lease all improvementsTenant shall indemnify Landlord against loss or liability, except for Tenantincluding attorney’s Property, shall automatically and without further act by Landlord or Tenant, become the property fees of Landlord,. resulting from delay by Tenant in so surrendering the Premises including, free and clear of without limitation, any claim or interest therein claims made by Tenant, and without payment therefore by Landlordany succeeding Tenant founded on such delay.

Appears in 1 contract

Samples: Lease Agreement (Dance Biopharm, Inc.)

Surrender. On No act by Landlord shall be deemed 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. At the expiration or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease, Tenant shall notify deliver to Landlord in writing of all keys (including any electronic access devices and the estimated date (like) to the “Move-Out Date”) upon which Premises, and Tenant plans shall deliver to surrender Landlord the Premises to Landlordin substantially the same condition as originally received, ordinary wear and tear excepted, provided that ordinary wear and tear shall not include repair and clean up items. At least sixty (60) days By way of example, but without limitation, repair and clean up items shall include cleaning of all interior walls and floors, replacement of damaged or missing ceiling or floor tiles, window coverings or cover plates, removal of any Tenant-introduced markings, repair of all holes and gaps and repainting required thereby, the removal of any storage tanks installed by Tenant or any Tenant Party, the removal and full remediation of any soil, material or ground water contamination by Tenant or any Tenant Party in accordance with all Regulations and all requirements hereunder, as well as the removal requirements below. In addition, prior to the Move-Out Dateexpiration of the Term or any sooner termination thereof, Landlord and Tenant (a)Tenant shall walk through remove from the Premises to identify any repair all unattached trade fixtures, furniture, equipment and removal work to be performed by Tenant, provided that failure by any party to participate personal property located in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination DatePremises, including, without limitation, phone equipment, wiring, cabling and all garbage, waste and debris, and (b) Tenant shall repair at Tenant’s sole cost, all damage to the Premises caused by any such removal of Tenant’s Property and any Alterations as required under this Leaseincluding, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Datewithout limitation, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear full restoration of all letting holes and occupancies gaps resulting from any such removal and free repainting required thereby. All personal property and fixtures of Tenant’s Hazardous Substances as required pursuant Tenant not so removed shall, to Article 13the extent permitted under applicable Regulations, with all applicable closure requirements satisfied be deemed to have been abandoned by Tenant and completedmay be appropriated, and with all sold, stored, destroyed, or otherwise disposed of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject by Landlord without notice to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically Tenant and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordobligation to account for such items.

Appears in 1 contract

Samples: Lease

Surrender. On Upon the expiration or before earlier termination of this Sublease, Subtenant shall vacate and deliver the ninetieth (90th) day preceding Sublease Premises to Sublandlord in the Expiration same condition as of the Commencement Date, Tenant ordinary wear and tear excepted, provided that Subtenant shall notify Landlord in writing repair all damage to the Sublease Premises as a result of the estimated date removal of its personal property and any improvements or alterations required to be removed pursuant to this Sublease. In the event Subtenant fails to comply with the foregoing removal obligations or upon Subtenant being dispossessed by process of law or otherwise, all such property shall be deemed conclusively to be abandoned and Sublandlord may retain, sell, store, destroy or otherwise dispose of the same as Sublandlord so elects in its sole discretion upon prior written notice to Subtenant. Subtenant shall pay Sublandlord on demand all out-of-pocket expenses incurred by Sublandlord in the removal of such property, including, without limitation, the cost of repairing damage to the Sublease Premises caused by the removal of such property and storage charges (if Sublandlord elects to store such property). Further, in the “Move-Out Date”) upon which Tenant plans event the end of the Term coincides with the end of the term under the Prime Lease, Subtenant shall provide Sublandlord with reasonable access to surrender the Sublease Premises to Landlord. At least sixty (60) days allow Sublandlord to fulfill its obligations under the Prime Lease, including, without limitation, removing any improvements or alterations existing in the Sublease Premises prior to the Move-Out Commencement Date, Landlord and Tenant Subtenant shall walk through otherwise reasonably cooperate with Sublandlord in connection with the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its foregoing. Subtenant’s obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and Section 22 shall leave survive the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or earlier termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordSublease.

Appears in 1 contract

Samples: Sublease Agreement

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvementsin any manner whatsoever, except for Tenant shall remove Tenant’s Property's goods and effects and those of any other person claiming under Tenant, shall automatically and without further act quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as at the inception of the term of this Lease or as the same hereafter may have been improved by Landlord or Tenant; reasonable use and wear thereof, become damage from fire and other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the property termination of this Lease, however terminated, shall be considered abandoned and at Landlord's option, free be conclusively deemed to have been conveyed by Tenant to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and clear of any claim or interest therein effects not removed by Tenant, in Landlord's sole and without payment therefore by Landlordabsolute discretion, the cost thereof to be charged to Tenant. Landlord shall not be responsible for the value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this subparagraph. Upon the termination of this Lease in any manner whatsoever, Tenant shall return to Landlord any and all keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord with any combinations or safe keys with respect to any secured areas within the Demised Premises.

Appears in 1 contract

Samples: CTN Media Group Inc

Surrender. On Upon the expiration or before other cancellation or termination of the ninetieth Term (90th) day preceding such date, as applicable, being hereinafter referred to as the Expiration "Surrender Date"), Tenant shall notify Landlord in writing immediately vacate and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order order, repair and repaircondition, reasonable except for ordinary wear and tear and damage tear. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises which are required to be removed by casualty excepted, free and clear Tenant upon the expiration or earlier termination of all letting and occupancies and free of Tenant’s Hazardous Substances as required the Term pursuant to Article 13, with all the provisions of Section 10 or any other applicable closure requirements satisfied and completedprovisions of this Lease, and with restore the Premises to the condition existing prior to the installation of such Alterations (it being understood that such removal and restoration shall be performed subject to the provisions of Article 10 of this Lease), and (b) remove all of Tenant’s Property (including all movable equipment's trade fixtures, office furniture, trade fixtures office equipment and other personal property) removed property from the Premises. Subject Tenant shall immediately repair any damage caused by such removal or, at Landlord's option, pay Landlord on demand the reasonable cost of repairing any damage to Article 10the Premises or Building caused by the removal of any such items. Any of Tenant's property remaining in the Premises will be conclusively deemed to have been abandoned by Tenant and may be appropriated, upon any termination stored, sold, destroyed or otherwise disposed of this Lease all improvements, except for Tenant’s Property, shall automatically and by Landlord without further act by Landlord notice to or Tenant, become the property of Landlord, free and clear of any claim or interest therein by demand upon Tenant, and without payment therefore liability or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all costs incurred by LandlordLandlord relating to such abandoned property.

Appears in 1 contract

Samples: Lease Agreement (Signal Apparel Company Inc)

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Surrender. On Upon expiration of the Term or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of Tenant's right of possession, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior may, subject to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant exercise of any of its obligations hereunder. Prior to the Termination Dateremedies by Landlord, Tenant shall repair at remove Tenant’s sole cost, all damage caused by removal of Tenant’s 's Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty exceptedSections 17 and 18 excepted and shall return to Landlord all keys to offices and restrooms furnished to, free or otherwise procured by, Tenant. If any such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Trade Fixtures, Alterations and clear of all letting property not so removed by Tenant as permitted or required herein shall be deemed abandoned and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13may be stored, with all applicable closure requirements satisfied and completedremoved, 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/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term shall survive the termination of the Term, including without limitation, indemnity obligations, payment obligations with all respect to Rent and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject , including the obligation to Article 10, upon any termination of this Lease obtain all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordrequired Hazardous Materials Clearances.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Dateother termination of this Lease, Tenant shall notify quit and surrender to Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant manner set forth in Section 13 of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order condition and state of repair, reasonable wear and tear only accepted. If Tenant is not then in default, Tenant shall remove all personal property and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant equipment not attached to Article 13, with all applicable closure requirements satisfied and completedthe Premises which it has placed upon the Premises, and with Tenant shall restore the Premises to the condition immediately preceding the time of placement thereof (to the extent required in Section 13 above). If Tenant shall fail or refuse to remove all of Tenant’s effects, personal property and equipment from the Premises upon the expiration or termination of this Lease for any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, such effects, personal property and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall pay Landlord on demand any and all expenses or damages incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing and damage to the Building or Property caused by the removal of such property and storage charges (including if Landlord elects to store such property). The covenants and conditions of this Section 42 shall survive any expiration or termination of this Lease. Low Voltage Cables: In the event any low voltage cables have been installed by or for, or otherwise used by Tenant, then Tenant, upon vacating the Premises, at its expense, shall remove all movable equipmentlow voltage cables including, furniturebut not limited to, trade fixtures facsimile, internet, security, and other personal property) removed alarm system cables from the Premises. Subject In the event Tenant does not remove all low voltage cables upon vacating the Premises, Landlord has the right to Article 10, upon any termination of this Lease all improvements, except remove the cables and charge Tenant for Tenant’s Property, shall automatically such cost and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordexpense.

Appears in 1 contract

Samples: Enterprise Dr Lease Agreement (ScanTech AI Systems Inc.)

Surrender. On The LESSEE shall at the expiration or before other termination of this Lease peaceably give up and surrender the ninetieth Leased Premises without the requirement of any notice. Further, the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (90thincluding partitions) day preceding in any way built-in or otherwise attached to the Expiration DateLeased Premises, Tenant as property of LESSOR, except such trade fixtures and work LESSOR shall notify Landlord in writing direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the estimated date (foregoing, all signs and lettering affixed or painted by the “Move-Out Date”) upon which Tenant plans to surrender LESSEE, either inside or outside the Premises to LandlordLeased Premises). At least sixty (60) days prior LESSEE shall deliver to the Move-Out Date, Landlord LESSOR the Leased Premises in a good and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean condition (ready for future occupancy or the next Lessee), shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the walls patched Leased Premises, damage by fire or other casualty and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty only excepted, free and clear . In the event of all letting and occupancies and free the LESSEE’S failure to remove any of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed LESSEE’S property from the Premises. Subject , LESSOR is hereby authorized without the liability to Article 10LESSEE for loss and damage thereto, upon and at the sole risk of LESSEE, to remove and store any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlordat LESSEE’S expense, free and clear or to retain same under LESSOR’S control or to sell at public or private sale, without notice of any claim or interest therein all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. If the LESSEE fails to surrender, vacate and deliver-up the Premises either after a default, agreement, judgment for possession or at the Lease Termination Date then LESSEE shall pay LESSOR Rent equal to one and half (1 1⁄2) times the Rent in effect at the time of the holdover until the date that LESSEE completely vacates the Premises together with all costs, expenses, consequential damages and reasonable attorneys’ fees incurred by Tenant, and without payment therefore by LandlordLESSOR.

Appears in 1 contract

Samples: Spring Bank Pharmaceuticals, Inc.

Surrender. On or before the ninetieth (90th) day preceding the Expiration DateDate or earlier termination of this Lease, at Landlord’s request, Tenant shall notify Landlord in writing of remove the estimated date Supplemental Equipment and all other Tenant and Customer equipment (the including appurtenant cabling and conduits and all other items described on Schedule 2 to this Exhibit E – collectively, Move-Out DateTenant’s Equipment”) upon which from the Premises, Building and Common Areas, and Tenant plans to surrender shall restore the Premises and Common Areas to Landlord. At least sixty (60) days the condition and configuration existing prior to the Move-Out Dateinstallation of Tenant’s Equipment. All other improvements, alterations, augmentations, installations and modifications shall become part of the Premises or Property, as the case may be, upon installation and shall remain with the Premises or Property, as the case may be, and belong to Landlord and upon the expiration or sooner termination of the Lease, unless Landlord shall notify Tenant of Landlord’s election that Tenant remove any or all of such items, in which event Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair remove such items at Tenant’s sole cost, all damage caused cost and expense and shall restore the Premises and other portions of the Property modified by removal of Tenant to the condition existing prior to Tenant’s Property and modifications. If Tenant fails to remove any Alterations such items Tenant is required to remove as required under this Leaseprovided herein, and Landlord shall leave have the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises right to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of remove all letting and occupancies and free of such items at Tenant’s Hazardous Substances as required pursuant to Article 13, with expense and Tenant hereby indemnifies Landlord from and against any and all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordsuch costs.

Appears in 1 contract

Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)

Surrender. On Except as otherwise provided in this Lease, at or before the ninetieth (90th) day preceding the Expiration Date, or the date of any earlier termination of this Lease in accordance with the terms hereof. (i) Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender vacate the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairin the substantially the same condition that the Premises existed on the date hereof, reasonable except for ordinary wear and tear and damage by casualty exceptedor condemnation and such damage or destruction or other correction, free and clear of all letting and occupancies and free of prevention, abatement, replacement or repair as Landlord is required to repair, restore or otherwise perform under this Lease; (ii) Tenant shall, at Tenant’s Hazardous Substances sole cost and expense, remove from the Premises all Tenant’s Property (except such items thereof as required Landlord shall have expressly permitted, in writing, to remain which property shall become the property of Landlord upon the Expiration Date, or the date of any earlier termination of this Lease in accordance with the terms hereof) and all Alterations (except as are permitted to remain pursuant to Article 13Paragraph 23(a) or as otherwise agreed in writing by Landlord); and (iii) Tenant shall, with all applicable closure requirements satisfied at Tenant’s sole cost and completedexpense, and with all repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from any installation and/or removal of Tenant’s Property (including all movable equipmentand/or any Alterations. Except as otherwise provided in this Lease, furnitureany other items of Tenant’s Property that shall remain in the Premises after the Expiration Date, trade fixtures and other personal property) removed from or following an earlier termination date in accordance with the Premises. Subject to Article 10, upon any termination terms of this Lease all improvementsLease, except for Tenant’s Propertymay, shall automatically and without further act by Landlord or Tenant, become at the property option of Landlord, free and clear of any claim or interest therein by Tenantbe deemed to have been abandoned, and without payment therefore in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion, at Tenant’s expense. Tenant’s obligations under this Paragraph 30 shall survive the expiration date of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Paramount Acquisition Corp)

Surrender. On or before Upon the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as existing on the Commencement Date, reasonable subject to any Alterations or Installations permitted or required by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, “Tenant HazMat Operations”), broom clean, ordinary wear and tear and damage that Tenant is not required by casualty this Lease to repair excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant, other than access cards for the security system which is the property of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act 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/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises. Provided that Tenant has complied with its obligations hereunder, Tenant shall not be charged any fee for elevator service, supervision, guard service, or cleaning upon Tenant’s moving into the Premises after the Commencement Date, become or at the property expiration or earlier termination of Landlordthe Term, free and clear of any claim or interest therein unless such services are requested by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Upland Software, Inc.)

Surrender. On Upon the expiration or before earlier termination of the ninetieth Term or Tenant's right to possession of the Premises (90th) day preceding and subject to the Expiration Dateprovisions of Sections 12 and 13 hereof), Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender return the Premises to Landlord broom clean, and in good order and repaircondition, reasonable ordinary wear and tear and damage by casualty only excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required . If Landlord requires Tenant to remove any alterations pursuant to Article 13Section 9 above, with all applicable closure requirements satisfied then such removal shall be done in a good and completedworkmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and with all restore the Premises; and Tenant shall pay the cost of Tenant’s Property (including all movable such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, furniture, trade fixtures and all other items of personal property) removed property from the Premises prior to the expiration or earlier termination of the Term or Tenant's right to possession of the Premises. Subject If Tenant does not remove such items prior to Article 10, upon any the expiration or earlier termination of this Lease all improvementsthe Term or Tenant's right to possession of the Premises, except for Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant’s Property; or at Landlord's sole option such items shall be deemed abandoned, shall automatically in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without further act by Landlord or obligation to compensate Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Work Letter Agreement (Convergent Networks Inc)

Surrender. On Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease), Tenant shall notify Landlord in writing quit and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in as good order and repaircondition as they were in on the applicable Term Commencement Date, reasonable wear and tear, the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and damage articles of personal property owned by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedTenant in the Leased Premises, and with all of Tenant’s Property shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all improvementsof such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, except for Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant’s Property, . Landlord shall automatically and without further act by Landlord or Tenant, become apply the property of Landlord, free and clear proceeds of any claim such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or interest therein by thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Evolve Software Inc

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good order and repairtheir original condition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease, Tenant shall remove from the Premises any Alterations that Tenant is required by casualty excepted, free Landlord to remove under the provisions of this Lease and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property personal property (including including, without limitation, all movable equipmentvoice and data cabling) and trade fixtures, furnitureand, trade fixtures and at Landlord’s sole election, any other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act whether installed by Landlord or Tenant, become that are of a type or quantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. If such removal is not completed at the property expiration or other termination of Landlordthis Lease, free Landlord may remove the same at Tenant’s expense, Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and clear walls) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys to the Premises or any claim or interest therein by Tenantother part of the Building and shall make xxxxx.xx Landlord the combination of locks on all safes, cabinets and without payment therefore by Landlordvaults that may be located in the Premises.

Appears in 1 contract

Samples: Denver City Center (Salt Blockchain Inc.)

Surrender. On Upon expiration or before sooner termination of the ninetieth (90th) day preceding Term or Tenant's right to possession of the Expiration DatePremises, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender return the Premises to Landlord in good substantially the same order and repaircondition when received, reasonable except for, ordinary wear and tear and damage by fire or other casualty excepted, free and clear or any other damage that Tenant has no obligation to repair. Tenant shall remove any of all letting and occupancies and free of Tenant’s Hazardous Substances as the initial improvements required to be removed pursuant to Article 13Exhibit B hereof, with all applicable closure requirements satisfied at its sole costs and completed--------- expense, prior to the surrender of the Premises, and restore any areas damaged by such removal to a reasonably good condition consistent with all the required condition of Tenant’s Property (including all movable the balance of the Premises under this paragraph. If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, furniture, trade fixtures and all other items of personal property) removed property from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. Subject If Tenant does not remove such items, Tenant shall be conclusively presumed to Article 10have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, upon any termination in which event Landlord may cause such items to be removed and disposed of this Lease all improvementsat Tenant's expense, except for Tenant’s Propertywhich shall be 115% of Landlord's actual cost of removal, shall automatically without notice to Tenant and without further act by Landlord or obligation to compensate Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Silicon Gaming Inc)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease or Tenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvementsimprovements thereon, except for to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a xxxx of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s Propertyfence), Tenant shall automatically remove all such items and without further act by restore the Premises to their original condition, ordinary wear and tear excepted upon expiration or termination of this Lease. If, after Landlord’s request, Tenant does not remove said Alterations, Landlord or Tenant, become may remove the property same and Tenant shall pay the cost of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordsuch removal to Landlord upon demand.

Appears in 1 contract

Samples: Industrial Building Lease

Surrender. On Upon the expiration or before earlier termination of the ninetieth (90th) day preceding the Expiration DateLease, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall will surrender the Premises to Landlord broom clean and in good order the condition which Tenant is required to maintain the Premises under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and repairCondemnation). Landlord may require Tenant, reasonable wear at its expense, to remove any alterations, additions or improvements made by Tenant or by Landlord, at Tenant’s request, prior to the expiration or earlier termination of the Lease and tear to restore the Premises to their prior condition. With respect to any alterations, additions or improvements which require Landlord’s approval, Landlord will specify if Tenant will be required to remove the same at the time of such approval. Any work which Tenant is not required to remove will, at Landlord’s option, become Landlord’s property and damage by casualty exceptedwill be surrendered to Landlord upon the expiration or earlier termination of the Lease, free and clear of all letting and occupancies and free except that Tenant may remove any of Tenant’s Hazardous Substances machinery or equipment which can be removed without damage to the Property so long as Tenant repairs any damage caused by such removal. Notwithstanding anything to the contrary contained in this Section 9.06, Tenant shall not be required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon remove any termination of this Lease all improvements, except footings for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become manufacturing equipment installed in the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordPremises.

Appears in 1 contract

Samples: Industrial Lease (Viasystems Group Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord peaceably leave and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord broom clean and otherwise in good order and repairthe condition in which the Premises are required to be maintained by the terms of this Lease, reasonable wear and tear excepted. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and damage by casualty exceptedshall inform Landlord of the combinations to all locks, free safes and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from vaults in the Premises. Subject Tenant shall, at its expense, remove from the Premises on or prior to Article 10, upon any expiration or earlier termination of this Lease all improvementsfurnishings, except for fixtures and equipment situated thereon as well as those Alterations that are required to be removed pursuant to Section 16.5. Tenant shall, at its expense, on or prior to such expiration or earlier termination of this Lease, repair any damage caused by such removal. Any property not so removed, may be removed by Landlord and stored and/or retained or sold by Landlord and the cost of such removal, storage and disposition as well as the cost of repairing any damages caused by such removal, shall be paid by Tenant within thirty (30) days after Tenant’s Property, receipt of written demand therefor and such sums shall automatically and without further act by Landlord accrue interest at the Default Rate from the date incurred until paid in full. Tenant’s obligation under this Article 25 shall survive the expiration or Tenant, become the property earlier termination of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Aditx Therapeutics, Inc.)

Surrender. On Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or before the ninetieth (90th) day preceding the Expiration Dateearlier termination of this Lease), Tenant shall notify Landlord in writing quit and surrender possession of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, reasonable wear and tear, taking by condemnation, casualty and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and damage articles of personal property owned by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedTenant in the Leased Premises, and with all of shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant following Tenant’s Property 's vacation and the Term Expiration Date (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all improvementsof such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, except for Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant’s Property, . Landlord shall automatically and without further act by Landlord or Tenant, become apply the property of Landlord, free and clear proceeds of any claim such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or interest therein by thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant, and without payment therefore by Landlord.

Appears in 1 contract

Samples: Temporary Occupancy Agreement (Personify Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing sooner termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in as good order and repaircondition as when received, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies broom clean and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied trash and completedrubbish, and with free from all of Tenant’s Property (including tenancies or occupancies by any person. Tenant shall remove all movable equipmenttrade fixtures, furniture, trade fixtures equipment and other personal property) removed from property installed in the Premises. Subject Premises prior to Article 10, upon any the expiration or earlier termination of this Lease Lease. Unless otherwise provided in Paragraph 7 or waived by Landlord in writing prior to the expiration or earlier termination of this Lease, Tenant shall remove at its sole cost all improvementsalterations, except additions and improvements made by Tenant to the Premises; provided, however, if Tenant requests Landlord to notify Tenant whether a particular alteration's removal will be required in conjunction with Tenant's request for Tenant’s PropertyLandlord's consent to any particular proposed alterations (together with such other documents, plans, etc. as Landlord may request in accordance with Paragraph 7), Landlord shall notify Tenant whether the removal of such alterations will be required at the expiration or earlier termination of this Lease. Notwithstanding the foregoing, at the election of Landlord, all (or such portion as Landlord shall designate) alterations, additions and improvements to the Premises including, without limitation, all wall coverings, floor coverings, built-in cabinets, paneling and the like, shall automatically and without further act by Landlord or Tenant, become the property of LandlordLandlord and remain on the Premises at the end of the Term. Tenant shall, free at its own cost, completely repair any and clear all damage to the Premises and the Building resulting from or caused by such removal. The provisions of any claim or interest therein by Tenant, Paragraph 7 shall apply to such removal and without payment therefore by Landlordrepair work.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Etoys Inc)

Surrender. On or before Upon the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Term or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateright of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualty Sections 15 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, free and clear the Project, restrooms or all or any portion of all letting and occupancies and free the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all replacing such lost access card or key or the cost of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from reprogramming the Premisesaccess security system in which such access card was used or changing the lock or locks opened by such lost key. Subject to Article 10, upon any termination of this Lease all improvements, except for Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall automatically be deemed abandoned and without further act may be stored, removed, and disposed of by Landlord or at Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 26 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment therefore by Landlordobligations with respect to Rent and obligations concerning the condition and repair of the Premises.

Appears in 1 contract

Samples: Lease (Sage Therapeutics, Inc.)

Surrender. On Upon the termination of this Lease, by expiration or before the ninetieth (90th) day preceding the Expiration Dateotherwise, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall peaceably surrender the Premises to Landlord in good order condition and repairrepair consistent with Tenant's duty to make repairs as provided herein. All Alterations and decorations made to the Premises by Tenant after the initial build-out shall remain and be the property of Landlord unless Landlord shall require Tenant (which election shall be made by Landlord at the time of Landlord's consent to same), reasonable wear at Tenant's expense, to remove any or all thereof and tear and repair the damage caused by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, such removal. All furniture, trade fixtures equipment and other unattached movable personal propertyproperty owned by Tenant may (and upon Landlord's request shall) be removed from the PremisesPremises by Tenant no later than the termination date, and Tenant shall repair any and all damage caused by such removal. Subject to Article 10Tenant shall also remove its satellite dish from the roof of the Building, its card access security system hardware and all cabling, wiring and ancillary equipment installed by Tenant in the Premises or the Building and repair any damage caused by such removal. If the Premises are not surrendered upon any the termination of this Lease as set forth herein, Tenant shall indemnify Landlord against all improvementsloss or liability resulting from delay by Tenant in so surrendering the Premises including, except for Tenant’s Propertywithout limitation, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein made by Tenantany succeeding tenant founded on such delay. Tenant shall also surrender all keys to the Premises and shall inform Landlord of combinations in any locks, safes and without payment therefore by Landlordvaults, if any, in the Premises.

Appears in 1 contract

Samples: Metavante Corp

Surrender. On or before the ninetieth (90th) day preceding Upon the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal Date or earlier termination of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date's right of possession, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as received, reasonable ordinary wear and tear tear, casualty loss and damage condemnation covered by casualty exceptedParagraphs 16 and 17 excepted and otherwise in accordance with the Move Out Conditions attached hereto. Any Trade Fixtures, free Tenant-Made Alterations and clear of all letting and occupancies and free of Tenant’s Hazardous Substances property not removed by Tenant as required pursuant to Article 13shall either, with all applicable closure requirements satisfied and completed, and with all of Tenantat Landlord’s Property election: (including all movable equipment, furniture, trade fixtures and other personal propertyi) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant(ii) be deemed abandoned in which case it 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. Any outstanding Tenant obligations under this Lease shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment therefore of Operating Expenses, and all obligations concerning the condition and repair of the Premises. Notwithstanding anything contained herein to the contrary, in the event Tenant fails to surrender the Premises in the condition as provided herein, upon the expiration, or earlier termination, of this Lease, Tenant agrees that Landlord shall have the right, but not the obligation, to complete such modifications, maintenance, repairs, and replacements on Tenant’s behalf, and Tenant shall reimburse Landlord for such costs as estimated by Landlordindependent contractors, along with a management fee equal to five (5%) of such costs, no later than thirty (30) days from receipt of demand.

Appears in 1 contract

Samples: Lease Agreement (Venus Concept Inc.)

Surrender. On Upon termination of the Lease Term or before earlier termination of Tenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the ninetieth Construction Addendum, if any, attached hereto (90th"Initial Improvements") day preceding shall remain in the Expiration Date, Premises as the property of Landlord. Tenant shall notify Landlord in writing of have the estimated date (the “Move-Out Date”) upon which Tenant plans right to surrender the Premises to Landlord. At least sixty (60) days prior remove its Trade Fixtures subject to the Move-Out Daterepair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord and Tenant shall walk through the Premises may, by 90 days written notice to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve require Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, all and to repair any damage caused by such removal of Tenant’s Property and any Alterations in the same condition as required under this Leasereceived, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateclean, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable ordinary wear and tear and damage casualty loss and condemnation covered by casualty Paragraphs 15 and 16 excepted. Any Trade Fixtures, free Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and clear of all letting property not so removed by Tenant as permitted or required -10- <PAGE> herein shall be deemed abandoned and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13may be stored, with all applicable closure requirements satisfied and completedremoved, 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 all respect to Operating Expenses and obligations concerning the condition and repair of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord22.

Appears in 1 contract

Samples: Lease Agreement

Surrender. On Upon the expiration of the term of the Lease or before upon the ninetieth (90th) day preceding termination of Tenant's right of possession, whether by lapse of time or at the Expiration Dateoption of Landlord as herein provided, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall promptly surrender the Premises to Landlord in good order order, repair and repairbroom clean condition, reasonable ordinary wear and tear and casualty damage by casualty excepted. Prior thereto, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, Tenant shall remove its office furniture, trade fixtures fixtures, office equipment and all other items of personal property) removed property on the Premises not belonging to Landlord, including all cabling and wiring installed in the Premises and/or the Building by or for the benefit of Tenant. Tenant shall pay to Landlord upon demand the cost of repairing any damage to the Premises and the Building caused by such removal. If Tenant shall fail or refuse to remove any such property from the Premises. Subject , Tenant shall be conclusively presumed to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become have abandoned the property of Landlord, free and clear of any claim or interest therein by Tenantsame, and title thereto shall thereupon pass to Landlord without payment therefore any cost by Landlordset-off, credit, allowance or otherwise, and Landlord may at its option, accept the title to such property, and, whether or not Landlord accepts such title, Landlord may at Tenant's expense: (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal; and (ii) store or otherwise dispose of the same without incurring liability to Tenant or any other person. If Landlord incurs any storage or other costs by reason of Tenant's failure to remove any property which Tenant is obligated to remove under this paragraph, Tenant upon demand shall pay to Landlord the amount of costs so incurred.

Appears in 1 contract

Samples: Office Lease (Ebix Com Inc)

Surrender. On or before The Tenant, at the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing expiration of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify Term or any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant earlier termination of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave at its expense (a) surrender to the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender Landlord possession of the Premises to Landlord (including any fixtures or other improvements which are owned by the Landlord) in as good order and repair, reasonable repair as on the Effective Date (ordinary wear and tear and damage by casualty excepted) and broom clean, free (b) remove therefrom all signs, goods, effects, machinery, fixtures and clear of all letting and occupancies and free of equipment used in conducting the Tenant’s Hazardous Substances trade or business which are neither part of the Building Service Equipment nor owned by the Landlord. In the event Tenant fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, Landlord at its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as required pursuant to Article 13loss and damage), and Tenant hereby agrees to pay all reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any repairs to the Premises caused by the removal of the property, or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with all applicable closure requirements satisfied the proceeds to be applied as set forth in this Lease, or (iii) at Landlord’s option, title for such personal property shall pass to Landlord. Tenant shall not vacate or abandon the Premises at any time during the Term and completeddiscontinue the payment of Base Rent, but if Tenant does vacate or abandon the Premises or is dispossessed by process of law, any personal property belonging to Tenant and with all left on the Premises may, at the option of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein be deemed to have been abandoned by Tenant, and without payment therefore by Landlordthe provisions of this Section shall apply.

Appears in 1 contract

Samples: Commercial Lease (Millennial Media Inc.)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided in good order and repairParagraph 9 above) in their original condition, except for reasonable wear and tear and damage from casualty or condemnation; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by casualty excepted, free and clear Landlord to remove under the provisions of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completedParagraph 9, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures 's equipment and other personal property, trade fixtures, and furniture. If such removal is not completed at the expiration or other termination of this Lease, Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) removed or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of the Initial Alterations and other Alterations from the PremisesPremises shall be governed by Paragraph 9 above. Subject to Article 10, upon any Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all improvementskeys to the Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, except for Tenant’s Property, shall automatically cabinets and without further act by Landlord or Tenant, become vaults that may be located in the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordPremises.

Appears in 1 contract

Samples: Office Lease (Critical Path Inc)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises and all improvements and Alterations to Landlord broom-clean and in good order and repairtheir original condition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage by casualty exceptedany changes resulting from approved Alterations; provided, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant however, that prior to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or termination of this Lease Tenant shall remove from the Premises all improvements, except for of Tenant’s Property, shall automatically 's personal property and without further act trade fixtures that Tenant is required by Landlord to remove under the provisions of this Lease. If such removal is not completed at the expiration or other termination of this Lease, Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant or, become if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the property Premises shall be governed by Paragraph 9 hereof. Tenant's obligations under this Paragraph shall survive the expiration or other termination of Landlordthis Lease. Upon expiration or termination of this Lease or of Tenant's possession, free Tenant shall surrender all keys to the Promises or any other part of the Building and clear shall make known to Landlord the combination of any claim or interest therein by Tenantlocks on all safes, cabinets and without payment therefore by Landlordvaults that may be located in the Premises.

Appears in 1 contract

Samples: CKS Group Inc

Surrender. On or before At the ninetieth time Tenant requests Landlord’s consent to any Tenant Alterations (90thincluding, without limitation, any "Tenant's Work") day preceding at the Expiration DateNew Premises, Tenant Landlord shall notify Tenant if Landlord in writing will require removal of any such item or items included as part of said Tenant Alterations at the end of the estimated date Term (or of tenant’s right to possession of the “Move-Out Date”subject Premises under the Lease) upon (which removal requirement shall only be imposed by Landlord if Landlord, in its good faith judgment, determines that such item or items would be excessively costly or hazardous to remove or that such item or items are not customary for office tenant usage at comparable Class A office buildings in downtown Chicago, Illinois). Landlord's failure to advise Tenant, as part of its consent process, that a given Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work Alteration is required to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any expiration or earlier termination of this Lease all improvementsor Tenant's right to possession hereunder, except for shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of the Lease (or of Tenant’s Propertyright to possession of the subject Premises under the Lease). Notwithstanding anything herein to the contrary, Tenant shall automatically and without further act by Landlord or Tenant, become not be obligated at any time to remove any tenant improvements located within the property New Premises as of Landlord’s delivery of possession of such New Premises to Tenant on the New Premises Turnover Date. Further, free and clear of in no event shall Tenant be required at any claim time to remove any electrical, cabling or interest therein by Tenant, and without payment therefore by Landlordvoice/data wiring installed at the New Premises.

Appears in 1 contract

Samples: Fourth Amendment to Lease (FSP 303 East Wacker Drive Corp.)

Surrender. On the Expiration Date or before upon the ninetieth (90th) termination hereof on a day preceding other than the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to peaceably surrender the Demised Premises to Landlord. At least sixty (60) days prior to the Movebroom-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order order, condition and repair, reasonable wear and tear and damage loss by fire or other casualty only excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from . On or before the Premises. Subject to Article 10, Expiration Date or upon any termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all improvementstrade fixtures, except personal property, 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 (i) trade fixtures, (ii) any alterations or fixtures that are unique and not customary for Tenant’s Propertyoffice space that will be removed by Tenant at Landlord's request, and (iii) fixtures that are described in Article 25 that will be removed) which shall automatically and without further act have been made or installed by Landlord or TenantTenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, become the property of Landlordwithout disturbance, free and clear of any claim molestation or interest therein by Tenantinjury, and without charge, at the expiration of termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall indemnify Landlord against loss or liability arising out of or relating to any claims resulting from such failure, including without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment therefore by Landlordof rent and shall inform Landlord of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Samples: Lease (Mgi Pharma Inc)

Surrender. On or before the ninetieth (90th) last day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateterm hereof, Landlord and Tenant shall walk through the Premises to identify or on any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Datesooner termination, Tenant shall surrender the Premises to Landlord in good order and repairthe same condition as when such improvements to the Premises were completed, reasonable broom clean, ordinary wear and tear excepted. All alterations, improvements, repairs and damage replacements made by casualty excepted, free and clear Tenant during the term of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) this Lease shall be removed from the Premises. Subject to Article 10, by Tenant upon any termination of this Lease all improvements, except for Tenant’s Propertylease or at Landlord's option, shall automatically remain with the premises when surrendered by Tenant and without further act by Landlord or be deemed a part of Landlord's property, at no cost to Landlord. Where removal of any such item is required, Tenant, become at Tenant's expense, shall cause same to be removed and the premises restored to a condition that is reasonably satisfactory to Landlord. Removal and restoration shall be completed prior to the termination of this lease. In default thereof, Landlord may effect said removal and repairs at Tenant's expense or treat Tenant as a holdover Tenant until such removal and restoration is completed to Landlord's reasonable satisfaction. In addition to the foregoing, any personal property of Landlord, free and clear Tenant remaining at the premises upon termination of any claim or interest therein this lease (including without limitation Tenant's trade fixtures) shall be deemed abandoned by Tenant, and Landlord, at its option, may accept same as part of Landlord's property or cause the removal of same at Tenant's expense without payment therefore by Landlordbeing liable to Tenant for conversion or any claim for damages therefor.

Appears in 1 contract

Samples: Lease Agreement (Jevic Transportation Inc)

Surrender. On the last day of the term demised or before on the ninetieth (90th) day preceding the Expiration Datesooner termination thereof, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to peaceably surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord leased premises in good order order, condition and repair, broom-clean, reasonable wear and tear and casualty loss only excepted. On or before the last day of the term or the sooner termination thereof, Tenant shall, at its expense, remove its trade fixtures, personal property and equipment and signs from the leased premises and any property not removed shall be deemed abandoned. Any damage caused by casualty excepted, free Tenant in the removal of such items shall be repaired by and clear of all letting and occupancies and free of at Tenant’s Hazardous Substances as required pursuant to Article 13expense. All alterations, with all applicable closure requirements satisfied additions, improvements and completed, and with all of fixtures (other than Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal propertyequipment) removed from which shall have been made or installed by either Landlord or Tenant upon the Premises. Subject to Article 10leased premises and all flooring shall remain upon and be surrendered with the leased premises as a part thereof, upon any without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease Lease; however Landlord shall have the option of requiring Tenant to return the premises to their original state, subject to reasonable wear and tear and casualty loss. If the leased premises be so surrendered at the end of the term or the sooner termination thereof, 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 improvements, except keys for Tenant’s Property, the leased premises to Landlord at the place then fixed for payment of rent and shall automatically and without further act by inform Landlord or Tenant, become the property of Landlord, free and clear combinations of any claim locks and safes on the leased premises. Tenant hereby waives any and all rights it may have, at law or interest therein equity, to redeem or reinstate this lease upon or after a default by Tenant, and without payment therefore Tenant to the maximum extent permitted by Landlordlaw.

Appears in 1 contract

Samples: Lease (Wireless Ronin Technologies Inc)

Surrender. On (a) Upon the expiration or before the ninetieth (90th) day preceding the Expiration Dateother termination of this Lease, Tenant shall notify quit and surrender to Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateand every part thereof and all alterations, Landlord additions and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenantimprovements thereto, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order condition and state of repair, reasonable wear and tear and damage by casualty only excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with . Tenant shall remove all of Tenant’s 's Property from the Premises (including all movable equipmentwith the exception of Tenant's modular office furniture more particularly described on Exhibit M attached hereto and incorporated herein by reference, furniture, trade fixtures and other personal property) which may only be removed from the PremisesPremises by Tenant in accordance with the provisions of subparagraph (b) below), and Tenant shall restore the Premises to the condition immediately preceding the time of placement thereof. Subject If Tenant shall fail or refuse to Article 10, remove all of Tenant's Property from the Premises upon any the expiration or termination of this Lease all improvementsfor any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, except Tenant's Property shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without obligation to account for Tenant’s 's Property. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of Tenant's Property, including, without limitation, the cost of repairing any damage to the Building or Property caused by the removal of Tenant's Property and storage charges (if Landlord elects to store Tenant's Property). The covenants and conditions of this Paragraph 51 shall automatically and without further act by Landlord survive any expiration or Tenant, become the property termination of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Surrender. On The voluntary or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other surrender of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed this Lease by Tenant, provided that failure by any party to participate in the walk-through or a mutual cancellation thereof, shall not relieve Tenant constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall agrees to peaceably surrender the Premises to Landlord broom clean and in good order and repair, reasonable the same condition as delivered to Tenant except for ordinary wear and tear and tear, casualty damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances (if this Lease is terminated as required a result thereof pursuant to Article 13Paragraph 20), with condemnation, the Tenant Improvements, all applicable closure requirements satisfied Alterations not required to be removed pursuant to or as provided in Paragraph 13 and completedall maintenance, repairs and replacements which are the responsibility of Landlord under this Lease, and with all of Tenant’s Property 's personal property and Alterations (including all movable equipment, furniture, trade fixtures and other personal propertyas defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which Tenant is to remove and any repairs Tenant is to make upon surrender of the Premises. Subject The delivery of keys to Article 10, upon any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become a surrender of the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordPremises.

Appears in 1 contract

Samples: Work Letter Agreement (Interplay Entertainment Corp)

Surrender. On or before the ninetieth (90th) last day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (term of this Lease or upon the “Move-Out Date”) upon which Tenant plans to earlier termination thereof for any reason, Lessee shall peaceably and quietly surrender the Leased Premises to Landlord. At least sixty (60) days prior to in good order, condition and repair, except for reasonable wear and tear, fire or other casualty loss covered by fire and extended coverage insurance, maintenance and repair obligations of Lessor and environmental conditions or violations of laws, ordinances and regulations existing at the Move-Out Date, Landlord and Tenant shall walk through time of commencement of the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Leaseoriginal Lease term, and shall leave surrender all keys to the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Leased Premises to Landlord Lessor at the place then fixed for the payment of rent. All alterations, additions, improvements and fixtures (other than those enumerated hereafter in good order and repair, reasonable wear and tear and damage the paragraph) which may be made or installed by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from Lessor upon the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, Leased Premises shall automatically and without further act by Landlord or Tenant, become the property of Landlordpremises as part thereof, free without disturbance, molestation or injury at the termination of the term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Lessee. At any time prior to surrender of the premise Lessee may, if not then in default, remove all trade fixtures, light fixtures, signs and clear other improvements installed by Lessee at Lessee’s expense. If, prior to surrender of the premises, Lessor so directs by written notice to Lessee, Lessee shall repair any claim damage occasioned by such removals and, if Lessee fails to do so without delay, Lessor may repair such damage and Lessee will reimburse Lessor for the cost of said repair. Any personal property not removed from the Leased Premises prior to the surrender thereof shall be deemed abandoned and Lessor shall have the unqualified right to keep, destroy, or interest therein by Tenant, and without payment therefore by Landlorddispose of same.

Appears in 1 contract

Samples: Lease Agreement (Robertson Global Health Solutions Corp)

Surrender. On Upon the expiration or before other termination of the ninetieth (90th) day preceding the Expiration Dateterm of this Lease, subject to Paragraph 20 above and Paragraph 31 below, Tenant shall notify Landlord in writing of will promptly quit the estimated date (the “Move-Out Date”) upon which Tenant plans to Leased Premises and surrender the Leased Premises to LandlordLandlord broom clean, in good order and condition, except ordinary wear and tear and damage by insured casualty or condemnation, and in accordance and compliance with the Building Standard and the terms and provisions of this Lease. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any will remove all of its obligations hereunder. Prior trade fixtures, equipment, movable furniture and other effects and such Alterations as required pursuant to the Termination DateParagraph 10 hereof, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of including without limitation Tenant’s Hazardous Substances as required pursuant to Article 13personal property set forth on Exhibit E, with all applicable closure requirements satisfied attached hereto and completedby this reference incorporated herein. All trade fixtures, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures movable furniture and other personal property) effects of Tenant not removed from the Premises. Subject to Article 10, upon any termination of Leased Premises within the time period required under this Lease all improvementsfor any cause whatsoever may be, except for Tenantat Landlord’s Propertysole option, shall automatically conclusively be deemed to have been abandoned and without further act may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenantother person, and without payment therefore an obligation by LandlordLandlord to account therefor. Tenant will pay Landlord for all reasonable expenses for such removal and the disposition of such property. In the event that Tenant fails to vacate the Leased Premises in a timely manner as required under this Lease, Tenant will be responsible to Landlord for all reasonable costs incurred by Landlord as a result of such failure.

Appears in 1 contract

Samples: Commercial Lease (Starz)

Surrender. On or before the ninetieth (90th) day preceding Tenant, on the Expiration Date, Tenant shall notify peaceably surrender to Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises in broom-clean condition and in good repair, and shall return to Landlord. At least sixty Landlord any and all keys (60including, without limitation, access cards) days prior furnished to, or otherwise procured by, Tenant relating in any way to the Move-Out DatePremises or the Building; provided, Landlord and Tenant however, in no event shall walk through the Premises to identify any be deemed surrendered until Tenant has provided Landlord with a certification from a reputable HVAC contractor that the HVAC is in good repair and removal work condition. Tenant hereby waives any and all notices to be performed by Tenant, provided that failure by any party vacate. Subject to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination DateSection 1602, Tenant shall remove all of its personal property and removable trade fixtures and equipment, as well as its signs and identification marks (collectively “Personal Property”) from the Premises at or before the end of the Term. Tenant agrees to repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and such removal. In the event Tenant does not make any Alterations repairs as required under by this Article 16, Tenant shall be liable for and agrees to pay Landlord’s costs and expenses in making such repairs. No act or thing done by the Landlord Parties during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employee of Landlord or Landlord’s agents shall have any power to accept the keys of the Premises prior to the termination of this Lease, and the delivery of keys to any such agent or employee shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances not operate as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the Premises. Subject to Article 10, upon any a termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become a surrender of the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by LandlordPremises.

Appears in 1 contract

Samples: Article 1

Surrender. (a) On or before the ninetieth (90th) day preceding the Expiration DateDate or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Dateshall, Landlord at its expense, quit, surrender, vacate and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender deliver the Premises to Landlord “broom clean” and in good order order, condition and repair, reasonable wear and ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, together with all applicable closure requirements satisfied and completedAlterations (except as otherwise provided for in this Lease). Tenant shall, and with at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to be removed by Landlord (in accordance with Section 20.01(b) below), and (iii) any personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property (including all movable equipment, furniture, trade fixtures and or other personal propertyproperty which shall remain in the Premises (A) removed from after the Premises. Subject to Article 10, upon any Expiration Date or (B) for thirty (30) days after the termination of this Lease all improvements, except for Tenant’s Property, shall automatically be deemed to have been abandoned and without further act either may be retained by Landlord as its property or Tenantmay be disposed of as Landlord may see fit. If such property not so removed shall be sold, become 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, free and clear . Any expense incurred by Landlord in removing or disposing of any claim such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. The obligations of Tenant under this shall survive the expiration or interest therein by Tenant, and without payment therefore by Landlordsooner termination of the Lease.

Appears in 1 contract

Samples: MF Global Ltd.

Surrender. On Tenant shall, upon expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing sooner termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises premises to Landlord in good order and repair, the same condition as existed upon completion of the Tenant Improvements (reasonable wear and tear and damage by casualty due to causes beyond the reasonable control of Tenant excepted, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, ) with all applicable closure requirements satisfied HVAC equipment in operating order and completedin good repair. Tenant shall at such time also surrender to Landlord such alterations (as defined in Paragraph 9) as Landlord does not require Tenant to remove (or which Tenant has the right to remove) in accordance with Paragraph 9.6 above. Tenant, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from on or before the Premises. Subject to Article 10, upon any expiration or sooner termination of this Lease all improvements, except for Tenant’s PropertyLease, shall automatically remove all of its personal property and without further act trade fixtures from the premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, become the property of Landlord, free and clear or of any claim alterations Tenant fails to remove if so required by Landlord. If the premises are not so surrendered at the expiration or interest therein sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by TenantTenant in so surrendering the premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and without payment therefore by Landlordreasonable attorneys' fees and costs. All keys to the premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)

Surrender. On Upon the expiration or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing other termination of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good order and repairtheir original condition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by casualty excepted, free Landlord to remove under the provisions of this Lease and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property personal property (including including, without limitation, all movable equipmentvoice and data cabling) and trade fixtures, furnitureand, trade fixtures and at Landlord’s sole election, any other personal property) removed from the Premises. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act whether installed by Landlord or Tenant, become that are of a type or quantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. If such removal is not completed at the property expiration or other termination of Landlordthis Lease, free Landlord may remove the same at Tenant’s expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and clear walls) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys to the Premises or any claim or interest therein by Tenantother part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and without payment therefore by Landlordvaults that may be located in the Premises.

Appears in 1 contract

Samples: Office Lease (Homeunion Holdings, Inc.)

Surrender. On No act or before thing done by Landlord during the ninetieth (90th) day preceding the Expiration Date, Tenant Lease Term shall notify be deemed to constitute an acceptance by Landlord in writing of a surrender of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Leased Premises to unless such intent is specifically acknowledged in a writing signed by Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed The voluntary or other surrender of this Lease by Tenant, provided that failure whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord, shall operate as an assignment to Landlord of all subleases or subtenancies affecting the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, subject to the provisions of this Paragraph 28, peaceably leave, quit and surrender the Leased Premises to Landlord in as good order and condition in which the Leased Premises was on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any party to participate in the walk-through shall not relieve Tenant provision of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repair, reasonable except for ordinary wear and tear and damage or loss by casualty exceptedfire or other casualty. Upon such surrender, free and clear of all letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant Tenant shall, without expense to Article 13Landlord, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal propertya) remove or cause to be removed from the PremisesLeased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Subject to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, Property not so removed shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear 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 claim damage to the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or interest therein by Tenant, and without payment therefore by Landlordto any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 28.

Appears in 1 contract

Samples: Lease Agreement (Harvey Entertainment Co)

Surrender. On At the expiration or before the ninetieth (90th) day preceding the Expiration Dateother termination of this Lease, Tenant shall notify Landlord in writing (i) remove all Tenant’s goods and effects, but including only those fixtures, furnishings and articles of personal property which are not any part of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender heating, ventilation, air conditioning, electric or plumbing systems not approved in advance for removal by Landlord from the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of such removal, (ii) at Landlord’s election under Section 11 above remove Landlord-designated articles and fixtures added to the Premises by Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender (iii) restore the Premises to Landlord in good order and repairits condition at the Term Commencement Date, or such better condition as the Premises may have thereafter been placed, reasonable wear and tear and damage by insured casualty loss only excepted. Notwithstanding the foregoing, Tenant shall not be required to make any structural changes to the Building to accomplish the foregoing unless the same has been made by Tenant with Landlord’s consent. Title to all fixtures and additions required by this Lease to remain at the Premises at the end of the Term shall vest in Landlord free from any claim by Tenant or any party claiming through Tenant. At termination of this Lease, Tenant shall deliver to Landlord full possession of the Premises, and clear of all letting keys and occupancies and free locks thereto, in the condition required above. In the event of Tenant’s Hazardous Substances as required pursuant failure to Article 13remove any of Tenant’s property from the Premises, with all applicable closure requirements satisfied same shall be considered to have been abandoned by Tenant (and completedits subtenants), and with Landlord is hereby authorized, without liability to Tenant for loss or damage thereto, and at the sole risk and expense of Tenant, to (a) remove and store any of that property at Tenant’s expense, or (b) retain Tenant’s property under Xxxxxxxx’s control, or (c) without further accounting to Tenant, sell at public or private sale, without notice, any or all of Tenant’s Property (including all movable equipment, furniture, trade fixtures property not so removed and other personal property) removed from to apply the Premises. Subject net proceeds of such sale to Article 10, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear payment of any claim sum due from Tenant hereunder, or interest therein by Tenant(d) to otherwise remove, and discard or destroy such property, without payment therefore by Landlordliability or accounting to Tenant or its subtenants.

Appears in 1 contract

Samples: Reference Data Pages (Cyber-Ark Software Ltd.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations Except as required under this Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 5.3 above (regarding Units and Package Units) and except for Tenant’s obligation to remove Tenant’s Full Floor Signage under Section 9 above, upon the expiration or earlier termination of the Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Dateas amended hereby, Tenant shall surrender possession of the Premises to Landlord in as good order condition and repairrepair as exists as of the date of this Third Amendment, except for reasonable wear and tear tear, casualty, condemnation and repairs that are Landlord’s express responsibility hereunder. Notwithstanding the foregoing, in the event Alterations have been installed by Tenant in the Premises as of the date of this Third Amendment which were not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal. From and after the date of this Third Amendment, Landlord shall, concurrently with Landlord’s approval of any further tenant improvement or alteration work (including, without limitation, any Tenant Improvement Work to be installed by casualty exceptedTenant in accordance with the Work Letter attached hereto as Exhibit A), free and clear inform Tenant in writing of all letting and occupancies and free any items that will be required to be removed upon the expiration or earlier termination of Tenant’s Hazardous Substances the Lease, as required pursuant to Article 13, with all applicable closure requirements satisfied and completedamended hereby, and Landlord’s failure to so inform Tenant concurrently with all Landlord’s approval of Tenantsuch alterations shall be deemed to be a waiver of Landlord’s Property (including all movable equipment, furniture, trade fixtures and other personal property) right to cause such Alterations to be removed from at the Premises. Subject to Article 10, upon any expiration or earlier termination of this Lease all improvementsthe Lease, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlordas amended.

Appears in 1 contract

Samples: Office Lease (Nutanix, Inc.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, The Tenant shall notify at the expiration or other termination of this Lease, remove all of Tenant’s goods and effects from the leased premises, and all of Tenant’s tel/data cabling and specialty finishes specifically identified by Landlord in writing upon review of Xxxxxx’s plans (including, without hereby limiting the generality of the estimated date (foregoing, all signs and lettering affixed or painted by the “Move-Out Date”) upon which Tenant, either inside or outside the leased premises, except for the signage in the Building directory provided by Landlord). Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior shall deliver to the Move-Out DateLandlord the leased premises and all keys, Landlord locks thereto, and Tenant shall walk through other fixtures connected therewith and all alterations and additions made to or upon the Premises to identify any repair and removal work to be performed by Tenantleased premises (except as otherwise agreed at the time of construction or installation), provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as condition required under this LeaseSection 11 hereof, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in good order and repairdamage by fire or other casualty, reasonable wear and tear tear, and damage taking by casualty eminent domain only excepted, free and clear . In the event of all letting and occupancies and free the Tenant’s failure to remove any of Tenant’s Hazardous Substances as required pursuant property from the premises, Landlord is hereby authorized, without liability to Article 13, with all applicable closure requirements satisfied and completedTenant for loss or damage thereto, and with at the sole risk of Tenant, to remove and store any of the property at Tenant’s expense, or to retain same under Xxxxxxxx’s control or to sell at public or private sale, without notice any or all of Tenant’s Property (including all movable equipmentthe property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, furniture, trade fixtures and other personal or to destroy such property) removed . In the event that Xxxxxx does not move from the Premises. Subject to Article 10leased premises at the end of the term (as may be extended), upon any termination of this Lease all improvementsthe Base Rent shall be the then existing Base Rent multiplied by 150% for the first thirty (30) days, except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenantthen 200 percent, and without payment therefore by LandlordTenant shall be considered a Tenant at sufferance.

Appears in 1 contract

Samples: Pine Technology Acquisition Corp.

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