Common use of Surrender Clause in Contracts

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 3 contracts

Samples: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)

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Surrender. Provided that Lessee does not exercise 22.1 Tenant shall on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, Term or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 on the sooner termination of this Lease, LesseeLease peaceably and quietly surrender and yield up to Landlord the entire Premises (including any Alterations thereon unless Landlord, at its expenseoption, shall return allrequires Tenant to remove same) vacant, but not less than allfree and clear of all lettings, of the Equipment by delivering it to such place subleases, occupancies, security agreements, liens or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be encumbrances in the same condition as when delivered to Lesseegood order and condition, reasonable wear and tear and damage by insured casualty excepted. 22.2 If, on the last day of the Term or on the date of the sooner termination of this Lease, provided that no Event of Default shall have occurred hereunder, Tenant shall have the right to remove its personal property and moveable trade fixtures, provided that Tenant immediately, at its sole cost, repairs and restores the Premises to the condition existing prior to installation thereof and repairs all damage to the Premises due to such removal. Except as provided in paragraph 19.12 above, any property not removed by Tenant prior to the expiration of the Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without notice to Tenant and without obligation to account therefor and shall Tenant shall pay to Landlord upon demand all costs and expenses incurred by Landlord in removing, storing or disposing of same and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee restoring the Premises. 22.3 If this Lease shall be liable cancelled and terminated as provided in subparagraphs 19.1.1, 19.1.2 or 19.1.3, Tenant, on or before the occurrence of any such event, shall perform any covenant contained in this Lease for reasonable and necessary expenses the making of any Casualty Repairs, Restoration, Alteration or betterment to place the Equipment in such conditionPremises, or for restoring any part thereof. Lessee Upon the expiration or sooner termination of this Lease, the parties shall remain liable promptly conduct a joint inspection of the Premises for purposes of determining the condition of the Equipment until it is received Premises. If Tenant does not appear for the joint inspection within three (3) days after notice and accepted demand for the same by Landlord, Landlord may unilaterally inspect the Premises or have such inspections conducted, and make determinations regarding the costs, fees and expenses for any such repairs or restorations of the Premises. For the breach of any such covenant Landlord shall be entitled to recover from Tenant and Tenant shall pay to Landlord as and for liquidated damages all costs, fees, and expenses for performing such covenant together with interest thereon at the destination designated Interest Rate. 22.4 If Tenant or any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration of the Term, same shall constitute a “holding over” by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items Tenant for which Tenant is and shall be primarily liable, which possession shall be, at the sufferance of Landlord, subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer all of the Equipmentprovisions of this Lease, which letter shall state except that the Equipment will Fixed Annual Rent shall be eligible the greater of one hundred fifty (150%) percent of the Fixed Annual Rent in effect during the last month of the Term. Should Landlord incur any expense in removing Tenant or any such subtenant or person holding by or through or under Tenant who has failed to so surrender the Premises, Tenant shall and hereby agrees to reimburse Landlord for the Manufacturer's standard maintenance contract when sold cost and expense, including attorneys’ fees of removing such subtenant or leased such person, together with interest thereon at the Interest Rate, in addition to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment any other damages as provided abovefor elsewhere in this Lease. Nothing contained in this Lease shall be deemed a consent or acquiescence by Landlord to any such “holding-over.” Landlord shall not be required to perform any work, and such notice must be received by Lessor at least 90 days prior to such returnfurnish any materials or make any repairs within the Premises during the holdover period. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration If Tenant shall hold-over or remain in possession of any portion of the Initial TermPremises beyond the Expiration Date, Tenant shall be subject not only to summary proceedings, but also to all costs, losses and damages related thereto, including, without limitation any damages arising out of any lost opportunities (and/or new leases) by Landlord to re-let the Premises or any part thereof. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant. 22.5 Notwithstanding anything to the contrary contained herein, all of Tenant’s obligations that arise or accrue during the term of this Lease which Tenant has not satisfied or has breached shall be automatically extended for a term survive the termination or expiration of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periodsincluding, on a month to month basiswithout limitation, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion Tenant’s obligations in respect of all Lessee's obligations under this Lease (including payment compliance with laws, indemnity and insurance, removal of all periodic rental payments due during such 90 day periodliens, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseeand repairs.

Appears in 3 contracts

Samples: Lease Agreement (Electro Energy Inc), Lease (Electro Energy Inc), Lease Agreement (Electro Energy Inc)

Surrender. Provided that Lessee does not exercise Upon the purchase option as set forth in Paragraph 27 hereofExpiration Date or earlier termination of Xxxxxx’s right of possession, upon Xxxxxx shall surrender the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant Premises to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered to Lesseereceived , reasonable ordinary wear and tear exceptedtear, casualty loss and condemnation covered by Paragraphs 16 and 17 excepted and otherwise in accordance with the Move Out Conditions attached hereto. Any Trade Fixtures, Tenant-Made Alterations and property not removed by Tenant as required shall either, at Landlord’s election: (i) become the property of Landlord, or (ii) be deemed abandoned in which case it may be stored, removed, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition disposed of the Equipment until it is received and accepted by Landlord at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided aboveTenant’s expense, and Xxxxxx waives all claims against Landlord for any damages resulting from Xxxxxxxx’s retention and disposition of such notice must be received by Lessor at least 90 days prior to such returnproperty. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's Any outstanding Tenant obligations under this Lease (shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment of Taxes, and all periodic rental payments due during such 90 day periodobligations 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 in Paragraph 9 herein, upon the expiration, or earlier termination, of this Lease). At any time after , Xxxxxx agrees that Landlord shall have the expiration 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 independent contractors, along with a management fee equal to five (5%) of the Initial Termsuch costs, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 no later than thirty (30) days written notice to Lesseefrom receipt of demand.

Appears in 3 contracts

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

Surrender. Provided Tenant agrees that Lessee does not exercise on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 on the sooner termination of this Lease, LesseeTenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, at its expensefire, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable and normal wear and tear excepted), 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 (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a condition termination of this Lease prior to the scheduled Expiration Date, in which will permit Lessor to event no advance notice shall be eligible for Manufacturer's standard maintenance contract without incurring any required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair or rehabilitate any damage caused by such Equipmentremoval. Lessee Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be liable removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for reasonable any damages resulting from Landlord’s retention and necessary expenses to place the Equipment in disposition of such condition. Lessee 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 condition Premises as the property of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeLandlord.

Appears in 2 contracts

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

Surrender. Provided Upon expiration or earlier termination of this Lease, Tenant shall surrender to Port Port’s Equipment and the Premises in good order, condition, and 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 Lessee does would have been prevented by proper 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 liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, 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. 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 exercise surrendered at the purchase option 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 be responsible for the payment of Rent (as set forth the same may be increased pursuant to Section 29.1 or 29.2 below as applicable) until the Premises is surrendered in Paragraph 27 hereofaccordance 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 Initial Term, or any renewal term, or upon demand . Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Lessor made pursuant to Paragraph 21 Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Surrender. Provided that Lessee does not exercise a) At the purchase option as set forth expiration or earlier termination of the Term Tenant shall promptly yield up the Premises and all improvements, alterations and additions thereto, and all fixtures and equipment servicing the Premises in Paragraph 27 hereofa condition which is clean of garbage and debris and broom clean and in the same condition, order and repair in which they are required to be kept throughout the Term, ordinary wear and tear excepted. b) Tenant, upon three (3) months prior written notice to Landlord, Tenant may extend the expiration of the Initial Term, or if applicable, any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of the Lease for one (1) additional three (3) month period and during such period, all the terms and conditions of this LeaseLease shall apply and Tenant shall pay Fixed Basic Rent at the rate then being paid by Tenant. If Tenant, Lesseeor any person claiming through Tenant, continues to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof without prior written consent of Landlord, the tenancy under this Lease shall become, at its expensethe option of Landlord, expressed in a written notice to Tenant and not otherwise, either from month-to-month, terminable by Landlord on thirty (30) days prior notice, under the same terms and conditions set forth in this Lease; except, however, that the Fixed Basic Rent during such continued occupancy shall return all, but not less than all, be 150% of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as amount set forth abovein subsection 6(a) and Tenant shall indemnify Landlord for any loss or damage incurred by reason of Tenant's failure to surrender the Premises. If Anything to the contrary notwithstanding, any items of Equipment are missing or damaged when returned, such occurrence holding over by Tenant without Landlord's prior written consent shall be treated as an event of Loss or Damage with respect to such missing or damaged items constitute a default hereunder and shall be subject to all the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as remedies set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseein subsection 26(b) hereof.

Appears in 2 contracts

Samples: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon (a) Upon the expiration or earlier termination of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 Term of this Lease, LesseeLessee shall peaceably leave and surrender the Leased Property to Lessor in good order and safe condition, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedexcepted (subject to Lessee's continuing obligation to maintain the Leased Property in accordance with the maintenance of other Class A suburban office buildings in the Wxxx Xxx Houston Parkway/Interstate 10 (Katy Freeway) area and excepting also any other damage and conditions not required to be repaired by Lessee under this Lease, and (except as otherwise provided in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipmentparagraph (c) of Article 12) in accordance with the requirements of Article 10 of this Lease. Lessee shall remove from the Leased Property on or before such expiration or earlier termination all property situated thereon which is not the property of Lessor, and shall repair any damage caused by such removal. Property not so removed shall become the property of Lessor, and Lessor may cause such property to be liable for reasonable removed from the Leased Property and necessary expenses to place the Equipment in such condition. disposed of, and Lessee shall remain liable pay the cost of any such removal and disposition and of repairing any damage caused by such removal. (b) Except for surrender by Lessee upon the condition expiration or earlier termination of the Equipment until Term hereof, or in response to Lessor's request or in response to rights Lessor asserts it is received and accepted at the destination designated has, no surrender by Lessee to Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease or of the Leased Property shall be automatically extended for a term of 3 monthsvalid or effective unless agreed to and accepted in writing by Lessor. Thereafter, If Lessee holds over beyond the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such scheduled expiration or termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 date of this Lease). At any time after , the expiration provisions of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeArticle 22 shall apply.

Appears in 2 contracts

Samples: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon At the expiration of the Initial Term, Term or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseewithout the requirement of any notice, at its expenseTenant shall peaceably surrender the Premises 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 Premises (which shall return allbecome 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 (other than cabling, but not less than allwhich Tenant shall always be required to remove), of and Tenant shall leave the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Premises and improvements in the condition in which the same condition as when delivered are required to Lesseebe maintained under Section 5.1, subject to reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated damage by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be casualty subject to the terms specified provisions of Section 6.1. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply accordance with the provisions described above covering surrenderof this Section 5.10, upon expiration making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of the Initial Termsuch goods, effects, and fixtures within ten (10) days after notice by Landlord, the term same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease shall be automatically extended for a term then Landlord may, without notice, store Tenant’s personal property (and those of 3 months. Thereafter, any person claiming under Tenant) at the term expense and risk of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermTenant or, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord so elects, Landlord may sell such personal property in accordance with the right previous sentence and apply the net proceeds to terminate this Lease by 30 days written notice to Lesseethe earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Samples: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration of the Initial TermTerm or earlier termination of Tenant’s right of possession, or any renewal term, or upon demand by Lessor made pursuant Tenant shall surrender the Premises to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered received, subject to Lesseeany Alterations or Installations permitted by Landlord to remain in the Premises, reasonable 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 casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring the Project, restrooms or all or any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition portion of the Equipment until it is received and accepted at the destination designated Premises furnished to or otherwise procured by Lessor as set forth aboveTenant. If any items such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Equipment are missing replacing such lost access card or damaged when returnedkey 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, such occurrence Alterations and property not so removed by Tenant as permitted or required herein shall be treated deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as an event of Loss the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or Damage earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to such missing or damaged items Rent and shall be subject to obligations concerning the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer condition and repair of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseePremises.

Appears in 2 contracts

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

Surrender. Provided that Lessee does not exercise On the purchase option as set forth in Paragraph 27 hereof, Expiration Date or upon the expiration of termination hereof upon a day other than the Initial TermExpiration Date, or any renewal termTenant shall peaceably surrender the Premises broom-clean in good order, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lesseeand repair, reasonable wear and tear only excepted. On or before the last day of the Term or the sooner termination thereof, Tenant shall at its expense remove all of its furnishings, equipment and other personal property from the Premises, repairing any damage caused thereby, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee property not so removed shall be liable for reasonable deemed abandoned. At the election of Landlord, all alterations, additions and necessary expenses to place fixtures, other than Tenant’s trade fixtures, which have been made or installed by either Landlord or Tenant upon the Equipment in such condition. Lessee Premises shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items Landlord’s property and shall be subject to surrendered with the terms specified in Paragraph 15 below. Lessee shall provide Lessor with Premises as a Letter of Maintainability from the Manufacturer part thereof, or Landlord may require removal of the Equipmentsame at the end of the Term or upon the sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises are not vacated and surrendered at the end of the Term or sooner termination thereof, Tenant shall indemnify Landlord against any and all loss, cost, damage, liability and expense resulting from delay by Tenant in so vacating and surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay, which letter indemnity obligation shall state that survive the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold expiration or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term earlier termination of this Lease Agreement. Tenant shall be automatically extended promptly surrender all keys for a term the Premises to Landlord and shall inform Landlord of 3 months. Thereafter, any combinations to any locks and/or safes on the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseePremises.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the Upon expiration of the Initial TermTerm or earlier termination of Tenant's right of possession, or any renewal term, or upon demand by Lessor made pursuant Tenant shall surrender the Premises to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered received, subject to Lesseeany Alterations permitted by Landlord or this Lease to remain in the Premises, reasonable 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 broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring the Project, restrooms or all or any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition portion of the Equipment until it is received and accepted at the destination designated Premises furnished to, or otherwise procured by Lessor as set forth aboveTenant. If any items such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of Equipment are missing replacing such lost access card or damaged when returnedkey 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, such occurrence Alterations and property not so removed by Tenant as permitted or required herein shall be treated deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as an event of Loss the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or Damage earlier termination of the Term, including without limitation, indemnity obligations, payment obligations with respect to such missing or damaged items Rent and shall be subject to obligations concerning the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer condition and repair of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseePremises.

Appears in 2 contracts

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

Surrender. Provided 23.01. Landlord and Tenant acknowledge that Lessee does not exercise Tenant shall be obligated to restore the purchase option as set forth in Paragraph 27 hereof, upon Demised Premises by the expiration end of the Initial Termterm, including such renewals thereto, or at any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier expiration date. For purposes of this Lease, Lesseeand specifically without limitation, at its expensefor purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and this Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall return allmean the demolition of all of Landlord's Work and Tenant's Finish Work, but not less than allexcluding the base Building air-conditioning equipment and duct work and sprinkler systems, and of the Equipment all work thereafter performed by delivering it to such place or on board behalf of Tenant in connection with Tenant Changes such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Demised Premises are delivered to Landlord in the same manner and in the same condition as when delivered existed prior to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for ManufacturerLandlord's standard maintenance contract without incurring any expense to repair Work or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor Tenant's Finish Work as set forth above. If any items of Equipment are missing or damaged when returnedin Exhibit C. Landlord agrees that Tenant shall have the right, such occurrence but shall be treated as an event of Loss or Damage with respect under no obligation, to request Landlord to restore the Demised Premises upon written notice to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 effect given not later than sixty (60) days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Termterm. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion. If Tenant fails to perform any restoration required of it under this Lease on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be automatically extended for deemed a term of 3 months. Thereafter, the term hold-over Tenant under Article 40 of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee such time as Tenant has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during completed such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseerestoration.

Appears in 2 contracts

Samples: Sublease Agreement (I Many Inc), Lease Agreement (Pxre Group LTD)

Surrender. Provided that Lessee does not exercise Tenant shall on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or upon any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lessee, at its expense, shall return all, but not less than all, quit and peacefully surrender and deliver up the Premises to the possession and use of the Equipment by delivering it to such place or on board such carrierCommission without delay and in good condition and repair, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable with ordinary wear and tear excepted. Tenant shall remove all signage, personal property and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place trade fixtures (including all equipment) of Tenant from the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject Premises prior to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter date of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold termination or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon earlier expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease), and shall repair any damage to the Premises caused by Tenant’s removal thereof. At All such removal and repair required of Tenant pursuant to this Section 10.1 shall be at Tenant’s sole cost and expense. If Tenant fails to remove any items required to be removed by it hereunder, or fails to repair any resulting damage, prior to termination or earlier expiration of this Lease, then the Commission may remove said items and repair any resulting damage, and Tenant shall pay the cost of any such removal and repair, together with interest thereon at the Default Rate from and after the date such costs were incurred until the Commission’s receipt of full payment therefor. Upon or at any time after the expiration or earlier termination of this Lease, the Initial TermCommission may, if this Lease has been automatically extended as set forth herein. Lessor reserves without further notice, enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the Premises, and may have, hold and enjoy the Premises and the right to terminate this Lease by 30 days written notice to Lesseereceive all income from the same.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration or earlier termination of the Initial Term, or any renewal termSublessee shall vacate, or upon demand by Lessor made pursuant surrender and deliver the Subleased Premises to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Sublessor in the same condition as when delivered to Lesseeof the Commencement Date, reasonable ordinary wear and tear excepted, provided that Sublessee repair any damage to the Subleased Premises as a result of the removal of its personal property and in a condition which will permit Lessor any Alterations and Subsequent Alterations required to be eligible for Manufacturer's standard maintenance contract without incurring any expense removed pursuant to repair or rehabilitate such EquipmentSection 9(b) and 9(c). Lessee shall be liable for reasonable and necessary expenses to place In the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail Sublessee fails to comply with the provisions described above covering surrenderforegoing removal obligations or upon Sublessee being dispossessed by process of law or otherwise, upon expiration any such property shall be deemed conclusively to be abandoned and Sublessor may retain, sell, store, destroy or otherwise dispose of the Initial Termsame as Sublessor so elects in its sole reasonable discretion upon ten (10) days’ prior written notice to Sublessee. Sublessee shall pay Sublessor on demand any reasonable out-of-pocket expenses incurred by Sublessor in the removal of such property, including, without limitation, the term cost of this Lease shall be automatically extended for a term repairing any damage to the Building caused by the removal of 3 monthssuch property and storage charges (if Sublessor elects to store such property). ThereafterFurther, in the event the end of the Term coincides with the end of the term of this Lease will be extended for subsequent full month periodsunder the Prime Lease, on a month Sublessee shall provide Sublessor with reasonable access to month basisthe Subleased Premises to allow Sublessor to fulfill its obligations under the Prime Lease, until Lessee has given at least 90 days written notice terminating this Leaseincluding, without limitation, removing any Alterations and Subsequent Alterations existing in the Subleased Premises prior to the Commencement Date and Sublessee shall otherwise reasonably cooperate with Sublessor in connection with the foregoing. Such termination will take effect upon completion of all Lessee's Sublessee’s obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 Section 10 shall survive the expiration or earlier termination of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeSublease.

Appears in 2 contracts

Samples: Sublease (Global Employment Holdings, Inc.), Sublease (Global Employment Holdings, Inc.)

Surrender. Provided that Lessee does not exercise (a) Subject to the purchase option as set forth in Paragraph 27 hereofprovisions of paragraphs 14, 15 and 18 upon the expiration or earlier termination of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 term of this Lease, Lessee, at its expense, Lessee shall return all, but not less than all, of surrender the Equipment by delivering it Leased Properties to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition in which the Leased Properties were originally leased from Lessor as when delivered to Lesseeof the date of this Lease (excluding the Xxxx Liquefaction Equipment), reasonable except as repaired, rebuilt, restored or modified as permitted by any provision of this Lease, and except for ordinary wear and tear excepted, and in a condition which will permit tear. If the Lessee has not provided Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place with the Equipment in such condition. Lessee shall remain liable for purchase option notice contemplated by paragraph 18 at least 180 days before the condition end of the Equipment until term of this Lease, it is received and accepted will be deemed that Lessee has elected to surrender the Leased Properties to Lessor at the destination designated by Lessor as set forth aboveend of the term of this Lease. If any items Lessee has elected to surrender the Leased Properties at the end of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease (expressly excluding any surrender of the Leased Properties resulting from an Event of Default by Lessee hereunder), Lessor and Lessee shall consult for the purpose of determining the amount, if any, of the Return Adjustment Amount (as herein defined) owed by Lessee to Lessor and to be paid on the last day of the term of this Lease. For purposes hereof, the "Return Adjustment Amount" shall be automatically extended for the positive difference, if any, between: (a) the fair market sales value of the Leased Properties taken as a term whole (expressly including the Xxxx Liquefaction Equipment) at the end of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease assuming (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after i) (notwithstanding the expiration of fact that the Initial Term, if this Lease Xxxx Liquefaction Equipment has been automatically extended as set forth herein. Lessor reserves dismantled and disposed of in accordance with subparagraph 8(d) hereof) that the right to terminate this Lease by 30 days written notice to Lessee.Xxxx Liquefaction Equipment is in place on the Xxxx Land Parcel and has been maintained in good operating condition and has all necessary permits and

Appears in 1 contract

Samples: Lease Agreement (Boston Gas Co)

Surrender. Provided that Lessee does not exercise a. On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Termterm or on the sooner termination thereof, or any renewal termTenant shall, or upon demand by Lessor made pursuant to Paragraph 21 at Tenant’s sole cost and expense: (i) peaceably surrender the Demised Premises broom-clean, in as good order and condition as of the commencement of the term of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear exceptedand damage by casualty; and (ii) remove from the Demised Premises its signs, furniture, equipment, machinery and trade fixtures (“Tenant’s Property”). Tenant’s Property not so removed within thirty (30) days following the Termination Date, may at Landlords’ election and without limiting Landlord’s right to compel removal thereof, be deemed abandoned. Any damage to the Demised Premises caused by Tenant in the removal of Tenant’s Property shall be immediately repaired by Tenant at Tenant’s sole cost and expense, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair this obligation shall survive the expiration or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such sooner termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after . b. Title to all alterations, additions, improvements, repairs, fixtures, other than Tenant’s Property, which shall have been made, furnished or installed by or at the expiration expense of either the Initial TermLandlord or Tenant in or upon the Demised Premises, if this Lease has been automatically extended shall vest in Landlord upon the installation thereof, and the same shall remain upon and be surrendered with the Demised Premises as set forth herein. Lessor reserves the right to terminate this Lease part thereof without disturbance and without charge, unless otherwise required by 30 days written notice to LesseeLandlord.

Appears in 1 contract

Samples: Lease (Yardville National Bancorp)

Surrender. Provided that Lessee does not exercise 24.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or upon any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to the Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than Tenant's Work attached hereto as Exhibit C whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will permit Lessor blend with and be comparable to be eligible for Manufactureradjacent areas. Tenant's standard maintenance contract without incurring any expense to removal and repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage obligations hereunder with respect to such missing or damaged items and the Demised Premises shall be subject extend to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer core area or any other part of the Equipment, which letter Building where any additional work was performed by or on behalf of Tenant. If Tenant shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, perform as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermSection 24.02, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord shall have the right to terminate this Lease by 30 days written do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the Demised Premises to Lesseea future occupant.

Appears in 1 contract

Samples: Lease Agreement (Eventures Group Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 sooner termination of this LeaseAgreement, Lesseeand if Lessor elects not to make a Put Option, at its expenseand Lessee elects not to make a Call Option, each as provided in Article XIX, Lessee shall return all, but not less than all, of peaceably vacate and surrender the Equipment by delivering it Leased Property to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in substantially the same condition in which the Leased Property was in on the Commencement Date, except as when delivered repaired, replaced, rebuilt, restored, altered or added to Lesseeas permitted or required by the provisions of this Agreement, reasonable wear and tear and Condemnation (and casualty damage, in the event that this Agreement is terminated following a casualty in accordance with Article X) excepted. In addition, as of the expiration or earlier termination of this Agreement, Lessee shall, at Lessor's sole cost and expense, use its good faith, commercially reasonable efforts to transfer to Lessor and cooperate with Lessor or Lessor's nominee in connection with the processing of all applications for all licenses, operating permits, certificates of need, and other governmental authorizations and all contracts entered into by Lessee, including contracts with governmental or quasi-governmental Entities which may be necessary for the use and operation of the Retirement Community as then operated, but excluding (i) all insurance contracts and multi-property contracts not limited in a condition scope to the Collective Leased Properties and the Site Leases which will permit are being terminated simultaneously, (ii) all contracts and leases with Affiliates, (iii) utility deposits and (iv) telephone numbers. Lessor shall indemnify and hold Lessee harmless for all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from acts or omissions by Lessor under such contracts subsequent to be eligible for Manufacturer's standard maintenance contract without incurring any expense the date of transfer thereof to repair or rehabilitate such Equipment. Lessor; and Lessee shall be liable indemnify and hold Lessor harmless for all claims, costs and expenses (including reasonable attorney's fees and necessary expenses paralegals' fees) arising from acts or omission by Lessee under such contracts prior to place the Equipment in such conditiondate of transfer thereof to Lessor. Lessee shall remain liable for Without limiting the condition generality of the Equipment until it is received and accepted at foregoing, Lessee agrees to sublease the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased Leased Property to a third party. Lessee shall give new licensee or remain on the Licenses until such time as new Licenses are granted to Lessor prior written notice that it or such other Entity which is returning the Equipment as provided above, and such notice must be received approved by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeLessor.

Appears in 1 contract

Samples: Lease Agreement (CNL Retirement Properties Inc)

Surrender. Provided that Lessee does not exercise On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or on any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, LesseeTenant, at its expenseexcept as hereinafter specifically provided in this subparagraph (e), shall return allremove all of its personal property, but including movable furniture, trade fixtures and equipment not less than all, of permanently attached to the Equipment by delivering it Premises and surrender the Premises to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered to Lesseereceived, reasonable broom clean, ordinary wear and tear tear, casualty and condemnation excepted. Subject to Tenant's right to remove improvements and alterations to the Premises as provided in paragraph 10 below, all improvements and alterations to the Premises, whether such were made by the Landlord pursuant to the provisions of paragraph 3 above or by the Tenant as allowed by paragraph 10 below, whether temporary or permanent in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee character, shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition Landlord's property on termination of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items this Lease and shall be subject surrendered to the terms specified Landlord in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipmentgood condition and repair, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided aboveordinary wear and tear, casualty and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrendercondemnation excepted, upon expiration of the Initial TermTerm or other termination of this Lease, all without compensation to Tenant; provided, however, if, except as otherwise provided in subparagraph 3(k) above, Landlord has retained the option under subparagraphs 10(a) or 3(e) to require Tenant to remove any such alterations or improvements, Tenant shall remove such upon written notice given by Landlord to Tenant not later than sixty (60) days prior to the expiration date of the Term or within fifteen (15) days after any earlier termination of this Lease. Tenant shall repair in a workmanlike manner all damage to the Premises occasioned by the Tenant's removal of alterations, improvements and personal property (including, without limitation, its trade fixtures, furnishings and equipment), which repair shall include, without limitation, the term patching and filling of holes and repair of structural damage to the Premises. Notwithstanding the provisions of this subparagraph (e), in the event Tenant is in default of this Lease shall be automatically extended for a term as defined in paragraph 17 below, at the end of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, Term or on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such any earlier termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after , all personal property of Tenant shall remain at the expiration of the Initial Term, if this Lease has been automatically extended Premises so as to enable Landlord to enforce its statutory lien interests set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseein subparagraph 6(c) hereof.

Appears in 1 contract

Samples: Industrial Lease (Catalytica Energy Systems Inc)

Surrender. Provided that Lessee does not exercise At the purchase option as set forth in Paragraph 27 hereof, upon the expiration end of the Initial Term, said term or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 other sooner determination of this Lease, LesseeTenant will peaceably deliver up to Landlord possession of the land hereby demised, at its expensetogether with all improvements, shall return allincluding, but not less than alllimited to fences, roads, bridges, underground sewers, drains, buildings including administration building, field office and the macadamia nut husking plant, and all macadamia nut trees and other trees upon or belonging to the same, the buildings in "as is" condition and the remaining improvements in good order and condition, unless Landlord shall advise Tenant in writing of Landlord's decision to require removal, in which latter case Tenant shall remove the same and promptly repair to Landlord's satisfaction all damage caused by such removal. If not then in default hereunder, Tenant shall have the right, upon written notice to Landlord, to remove from said premises prior to the end of said term all or any number of the Equipment orchard trees thereon, promtly repairing to Landlords's satisfaction all damage caused by delivering it to such place removal;provided, however, if a growing orchard or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, other crop shall be in existence on the same condition as when delivered to Lesseelast day of said term, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee Tenant shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves have the right to terminate this Lease by 30 days upon written notice to Lessee.Landlord to extend said term only for the continued cultivation and harvest at maturity of such growing crop and removal of such trees as hereinbefore provided, but in no event for more than six (6) months after the last harvest preceding expiration of said term, at the same rent as was payable for the last full calendar year of said term, and Tenant's right of removal of such trees shall continue during such period of extension..

Appears in 1 contract

Samples: Farming Lease (Ml Macadamia Orchards L P)

Surrender. Provided that Lessee does not exercise (a) Upon the purchase option as set forth in Paragraph 27 expiration or sooner termination of this Lease with respect to all or part of the Premises, or upon re-entry by Landlord upon the Premises pursuant to Article 20 hereof, Tenant, at Tenant’s expense, shall quit and surrender the Premises to Landlord in good order, condition and repair, ordinary wear and tear, Casualty and Condemnation and other damage for which Tenant is not responsible hereunder excepted, and with all Tenant’s Property removed (except as otherwise provided in this Lease), and any damage arising out of such removal repaired, and Tenant shall deliver the Premises to Landlord free and clear of all lettings, occupancies, liens and encumbrances other than those not created by, through or under Tenant (such as any created by Landlord or the Ground Lessor). Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on any such expiration or termination date. (b) Tenant shall not be required to remove from the Building any Alterations or leasehold improvements upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseeexcept (i) as otherwise set forth in Section 28.01(a), at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed (ii) for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor any Designated Specialty Alterations required to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject removed pursuant to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided aboveSection 14.07 and this Section 28.01(b), and such (iii) for any Vertical Wiring required to be removed by Tenant pursuant to the terms of this Section 28.01(b). Notwithstanding the foregoing, Tenant may elect not to remove any Designated Specialty Alterations and/or Vertical Wiring by notice must be received by Lessor at least 90 days prior (“Tenant’s Restoration Notice”) given to such return. Should Lessee fail to comply with Landlord no later than 12 months before the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, (or within 30 days after the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such earlier termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease), which Tenant’s Restoration Notice shall specify such Designated Specialty Alterations and/or Vertical Wiring that Tenant does not want to remove. At If Tenant timely gives Tenant’s Restoration Notice, then, notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right to enter the Premises at any time after the expiration date that is 60 days before the then Expiration Date and remove from the Premises any Designated Specialty Alterations and/or Vertical Wiring so specified in Tenant’s Restoration Notice (“Landlord’s Specialty Alterations Restoration Work”) and Tenant shall permit Landlord to have such access at all times thereafter to perform Landlord’s Specialty Alterations Restoration Work. If required and deemed reasonably necessary by Landlord in connection with the performance of Landlord’s Specialty Alterations Restoration Work, Tenant shall promptly remove from the Initial Term, if this Lease has been automatically extended Premises any items of Tenant’s Property as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.Landlord may require (“

Appears in 1 contract

Samples: Lease Agreement (Bank of New York Mellon Corp)

Surrender. Provided that Lessee does (a) Upon the expiration or earlier termination of the Term, Tenant shall (i) peaceably quit and surrender to Landlord the Premises broom clean, in good order, repair and condition excepting only ordinary wear and tear and damage by fire or other insured Casualty; (ii) remove all of Tenant’s Property (including all signage and cabling) and, to the extent specified by Landlord in accordance with Section 11.1(e) above, Alterations made by Tenant, and (iii) repair any damages to the Premises or the Building caused by the installation or removal of Tenant’s Property and/or such Alterations. Tenant’s obligations under this Section 21.1(a) shall survive the expiration or earlier termination of this Lease. (b) No act or thing done by Landlord 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 Xxxxxxxx. Unless otherwise agreed by the parties in writing, no employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the expiration or earlier termination of this Lease. The delivery of keys to any employee of Landlord or of Landlord’s agents shall not exercise operate as a termination of this Lease or a surrender of the purchase option as set forth Premises. (c) Notwithstanding anything to the contrary contained herein, Tenant shall, at its sole cost and expense, remove from the Premises, prior to the end of the Term, any item installed by or for Tenant and which, pursuant to Legal Requirements, must be removed therefrom before the Premises may be used by a subsequent tenant. (d) Tenant hereby assigns to Landlord any warranties in Paragraph 27 hereof, upon effect on the last day of the Term with respect to any fixtures and Alterations remaining in the Premises. Tenant shall provide Landlord with copies of any such warranties prior to the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease Term (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Termor, if this the Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 is earlier terminated, within five (5) days written notice to Lesseethereafter).

Appears in 1 contract

Samples: Lease Agreement (Theseus Pharmaceuticals, Inc.)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leasethe lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease the lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease the lease will be extended for subsequent full month periods, periods on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leasethe lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease the lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leasethe lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Royce Laboratories Inc /Fl/)

Surrender. Provided Upon the expiration or sooner termination of this Lease, Tenant shall surrender to Landlord the Premises, free of subtenants (except as provided in Section 14.7), occupants or the like, in good order and repair (except in the event of termination upon a Casualty, a total taking or Constructive Total Taking in condemnation proceedings), reasonable wear and tear and damage by casualty or condemnation (except to the extent Tenant was theretofore obligated under this Lease to restore such casualty or condemnation prior to the date of such expiration or sooner termination) excepted and also except as Tenant may have been prevented from maintaining the Premises in good order and repair by occupation thereof by any entity having the power of eminent domain which shall have taken the temporary use thereof and shall then be in possession thereof. If the Premises are not surrendered at the end of the Term, Tenant shall compensate Landlord for all damages which Landlord shall suffer by reason thereof, and Tenant shall indemnify, defend and hold Landlord harmless from and against all claims made by any succeeding tenant against Landlord founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant to the extent that Lessee does not exercise all or any portion of such delay is occasioned by the purchase option failure of Tenant to surrender the Premises as set forth in Paragraph 27 and when required by this Lease. Without limiting the provisions of Section 13.1 hereof, if Tenant shall, without the written consent of Landlord, hold over after the expiration of the Term, Tenant's use shall be deemed a month-to-month tenancy, which tenancy may be terminated upon demand of Landlord. During such tenancy, Tenant agrees to pay to Landlord, each month, (i) the following percentage of the Base Rent in effect upon the expiration of the Initial Term: (A) 125% of such Base Rent for the first ninety (90) days after the expiration or sooner termination of this Lease; (B) 150% of such Base Rent for the next ninety (90) days (that is, until the 180th day thereafter); (C) 175% of such Base Rent for the next ninety (90) days (that is, until the 270th day thereafter); and (D) 200% of such Base Rent for the period from and after such 270th day after the expiration or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 sooner termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment plus (ii) all additional rent payable by delivering it to Tenant hereunder for such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseemonth.

Appears in 1 contract

Samples: Lease Agreement (United Auto Group Inc)

Surrender. Provided that Lessee does not exercise the purchase option Except as set forth in Paragraph 27 hereofSection 17(B) above, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lesseeby lapse of time or otherwise, any alterations, improvements or additions erected on and attached to the Premises by Tenant shall be and become the property of Landlord without any payment therefor and Tenant shall surrender the Premises (including without limitation all affixed lab benches, fume hoods, electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment therein), together with all improvements, installed cabling or additions thereon, whether erected by Tenant or Landlord, broom clean, free of personal property, equipment, and/or trade fixtures (including without limitation all Tenant’s Rooftop Equipment and all autoclaves and cage washers) and otherwise in the condition in which the same are required to be maintained hereunder, ordinary wear and tear, damage by fire or other casualty and repairs which are the responsibility of Landlord excepted. Any items of personal property left in the Premises following the expiration or sooner termination of the Lease, if such items are not removed within five (5) business days after written notice from Landlord to Tenant, may, at its expenseLandlord’s option, shall return all, but not less than all, become the sole and exclusive property of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear Landlord and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall act as a xxxx of sale therefor, and Landlord may sell or discard such personal property. Landlord shall not have to take any special precautions or measures with regards to any property, equipment and/or trade fixtures left within the Premises and Landlord shall not be automatically extended for deemed a term of 3 monthsbailee thereof. Thereafter, Without limitation to the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration generality of the Initial Termforegoing, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord may discard computers, records, files, and data through commercial shredding vendors that certify the right to terminate this Lease by 30 days written notice to Lesseedestruction and shredding thereof and protection of the confidentiality of any information contained therein.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

Surrender. Provided Tenant agrees that Lessee does not exercise on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 on the sooner termination of this Lease, LesseeTenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by Acts of God, at its expensefire, shall return allcasualty, but not less than allcondemnation, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, and with all floors cleaned and waxed, together with all Alterations (as hereinafter defined) which may have been made in or on the Premises; except that Tenant shall remove trade fixtures put in at the expense of Tenant and any Alterations as to which Landlord has requested removal in an Advice Notice (as hereinafter defined) given pursuant to Paragraph 11(c) below or as to which Landlord otherwise requests removal at the expiration or termination of this Lease in accordance with said Paragraph 11(c); and (b) otherwise in accordance with Paragraph 32(f). Tenant shall repair all damage caused by such removal and otherwise restore the Premises in accordance with the preceding sentence at Tenant's sole cost and expense. On or before the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant's personal property from the Premises. All property of Tenant not so removed, unless such non- removal is consented to by Landlord, shall be deemed abandoned by Tenant, provided that in such event Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply accordance with the provisions described above covering surrenderof this Paragraph 10 and of Paragraph 32(f), upon expiration Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Initial TermPremises to succeeding tenants, the term of this Lease shall be automatically extended for a term of 3 months. Thereaftertogether with, the term of this Lease will be extended for subsequent full month periodsin each case, on a month to month basisactual attorneys, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseefees and costs.

Appears in 1 contract

Samples: Lease Agreement (Hybrid Networks Inc)

Surrender. Provided that Lessee does not exercise On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place Term or on board such carrierthe sooner termination thereof, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, LESSEE shall be peaceably surrender the Leased Premises in the same good condition as when delivered to Lesseeand repair, reasonable wear and tear exceptedexpected, consistent with the LESSEE’S duty to make repairs as provided in Sections 2 and 6 hereof. On or before the last day of the Term or the sooner termination thereof, the LESSEE shall at its expense remove all of its equipment from the Leased Premises, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee property not removed shall be liable for reasonable deemed abandoned. All alterations, addition and necessary expenses to place fixtures, other than the Equipment in such condition. Lessee LESSEE’S equipment, which have been made or installed by either the LESSOR or the LESSEE on the Leased Premises shall remain liable for as the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items LESSOR’S property and shall be subject surrendered with the Leased Premises as a part thereof. If the Leased Premises are not surrendered at the end of the Term or the sooner termination thereof, the LESSEE shall indemnify the LESSOR against any loss or liability resulting from delay of the LESSEE in so surrendering the Leased Premises, including without limitation claims made by any succeeding lessee founded on such delay. The LESSEE shall promptly surrender all keys for the Leased Premises to the terms specified in Paragraph 15 belowLESSOR at the place then fixed for payment of Rent and shall inform the LESSOR of combinations of any locks or safes on the Leased Premises. Lessee In no event shall provide Lessor with a Letter of Maintainability from the Manufacturer LESSEE be deemed to have abandoned the Leased Premises or this Lease during the Term unless the LESSEE first obtains the express permission of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third partyLESSOR. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the The provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease section shall be automatically extended for a term of 3 months. Thereafter, survive the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Lease Agreement (Nexxus Lighting, Inc.)

Surrender. Provided that (a) The Lessee does not exercise covenants and agrees to yield and deliver peaceably to the purchase option as set forth Port Authority possession of the premises on the date of the cessation of the letting, whether such cessation be by termination, expiration or otherwise, promptly and in Paragraph 27 hereofthe condition required pursuant to the terms of this Agreement, upon such ordinary wear and damage by fire or other casualty excepted. (b) Unless the same are required for the performance by the Lessee of its obligations hereunder, the Lessee shall have the right at any time during the letting to remove from the premises, and, on or before the expiration or earlier termination of the letting, shall so remove its equipment, removable fixtures, and other personal property, and all property of third persons for which it is responsible, repairing all material damage caused by such removal. The Lessee shall remove all modular furniture, computer and telecommunications equipment, and all standard office equipment, inventories, removable trade fixtures and other personal property of the Lessee or for which the Lessee is responsible unless within sixty (60) days prior to the expiration of this Agreement or within sixty (60) days after the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 termination of this Lease, Lessee, at its expense, shall return all, but not less than all, Agreement the Port Authority advises the Lessee as to which of the Equipment by delivering it aforesaid items the Lessee need not remove. If the Lessee shall fail to remove such place property on or on board such carrierbefore the termination or expiration of the letting, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, Port Authority shall be in have the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage rights with respect to such missing or damaged items and shall be subject to property as it has in the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter event of Maintainability from the Manufacturer casualty under paragraph (i) of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph Section 9 of this Lease)Agreement entitled "Casualty". At any time after In the expiration of event the Initial TermLessee removes electrical or plumbing fixtures, if the Lessee shall cap all altered electrical and plumbing lines flush with walls, floors and ceilings, but nothing contained in this Lease has been automatically extended as set forth herein. Lessor reserves paragraph shall, or shall be deemed to require the right Lessee to terminate remove electrical or plumbing fixtures unless such obligation is imposed on the Lessee elsewhere in this Lease by 30 days written notice to LesseeAgreement.

Appears in 1 contract

Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 sooner termination of this Lease, Lessee, at its expense, Tenant shall return all, but not less than all, of vacate and surrender the Equipment by delivering it Premises to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered to Lesseeexisted at the Commencement Date, except for (i) reasonable wear and tear excepted(but in all events, in accordance with Tenant’s repair and maintenance obligations hereunder), (ii) damage caused by any peril or condemnation, and in a condition (iii) contamination by Hazardous Materials for which will permit Lessor Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant Improvements and/or Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal and return the Premises or any part thereof to its original configuration existing as of the Commencement Date. If the Premises are not so surrendered at the termination of this Lease, Tenant shall continue to be eligible responsible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for reasonable all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants and necessary expenses losses and damages suffered by Landlord due to place the Equipment in such condition. Lessee shall remain liable for the condition lost opportunities to lease any portion of the Equipment until it is received Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and accepted at the destination designated by Lessor as set forth abovecosts. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.#201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12

Appears in 1 contract

Samples: Lease Agreement (IDEAYA Biosciences, Inc.)

Surrender. Provided that Lessee does not exercise Except as required under Section 23 of the purchase option Original Lease (regarding removal of Lines) and except as set forth required under Section 25.5 of the Original Lease and Section 8 above (regarding Units and Package Units), and except for Tenant's obligation to remove all of Tenant's full floor signage (i.e., any signage in Paragraph 27 hereofthe elevator lobby, hallways, or other areas of any full floor leased by Tenant), upon the expiration or earlier termination of the Initial TermLease, or any renewal termas amended hereby, or upon demand by Lessor made pursuant Tenant shall surrender possession of the Premises to Paragraph 21 Landlord in as good condition and repair as exists as of the date of this LeaseFourth Amendment, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear exceptedtear, casualty, condemnation and repairs that are Landlord's express responsibility hereunder. Notwithstanding the foregoing, (a) in the event any Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment which are 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, and (b) in a condition which will permit Lessor the event Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment (including, without limitation, any Tenant Improvement Work to be eligible for Manufacturer's standard maintenance contract without incurring any expense installed in the Premises by Tenant in accordance with the Work Letter attached to repair the Third Amendment as Exhibit A), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or rehabilitate such EquipmentAlterations upon the expiration or earlier termination of the Lease. Lessee For clarity, nothing contained in this Section 10 shall be liable for reasonable and necessary expenses construed to place limit Tenant's obligation to remove the Equipment in such condition. Lessee shall remain liable for Lines, Units, Package Units upon the condition expiration or earlier termination of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Lease Agreement (Nutanix, Inc.)

Surrender. Provided that Lessee does not exercise 27.1 Sublessee shall and will on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, term hereof or upon any renewal termearlier termination of this Sublease, or upon demand any lawful re-entry by Lessor made Sublessor upon the Demised Premises and Improvements pursuant to Paragraph 21 Section 19 hereof, surrender and deliver up the Demised Premises and Improvements into possession and use of this LeaseSublessor without delay and in good order, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lesseeand repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies other than tenant leases then terminable at the option of the Sublessor or to which Sublessor shall have specifically consented, and free and clear of all liens and encumbrances other than those, if any, existing at the commencement of the term hereof or consented to by Sublessor. 27.2 Any personal property of Sublessee or any tenant or other occupant of the Demised Premises and Improvements which shall remain on the Demised Premises or in a condition which will permit Lessor the Improvements after the termination of this Sublease may, at the option of Sublessor, be deemed to have been abandoned by Sublessee or such tenant or occupant, and either may be eligible for Manufacturer's standard maintenance contract retained by Sublessor as its property or may be disposed of, without incurring any expense to repair accountability, in such manner as Sublessor may see fit. Notwithstanding the foregoing, except if this Sublease shall expire at the end of its natural term or rehabilitate such Equipment. Lessee if this Sublease shall be liable terminated by reason of Sublessee's default, Sublessee shall be entitled to remove such personal property within ten (10) days after the termination of this Sublease. 27.3 Sublessor shall not be responsible for reasonable and necessary expenses any loss or damage occurring to place the Equipment in such condition. Lessee shall remain liable for the condition any property owned by Sublessee or tenant or other occupant of the Equipment until it is received and accepted at Demised Premises or Improvements in the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to that Sublessee does not timely vacate the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the Demised Premises. 27.4 The provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease Section 27 shall be automatically extended for a term of 3 months. Thereafter, the term survive any termination of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeSublease.

Appears in 1 contract

Samples: Ground Sublease (Sky Harbour Group Corp)

Surrender. Provided that Section 22.01 Except as is herein otherwise provided, Lessee does not exercise shall on the purchase option as set forth last day of the Term or upon any earlier termination of this Lease, well and truly surrender and deliver up the Demised Premises and the Improvements to the possession and use of Lessor without fraud or delay in Paragraph 27 hereofsubstantially the same order, condition and repair they were in on the date of this Lease, except for (i) reasonable wear and tear and (ii) damage caused by Casualty or condemnation. Notwithstanding anything contained in the Lease to the contrary, upon the expiration or earlier termination of the Initial TermLease, Lessee shall not be required to (i) remove or pay for the removal of any renewal termalterations, installations, additions or upon demand improvements previously made with the consent of the Lessor or (ii) make or pay for any repairs to the Demised Premises that can be performed by Lessor made pursuant repainting, minor spackling, re-carpeting or other work that is typically performed by Lessors in preparation for re-letting similar premises. Section 22.02 Unless otherwise agreed by the parties hereto in a writing executed by both parties prior to Paragraph 21 the Expiration Date of this Lease, Lesseethere shall be no holding over by Lessee after the expiration or earlier termination of this Lease and the failure by Lessee to deliver possession of the Demised Premises to Lessor shall be an unlawful holdover. During any period in which Lessee so holds over, at its expenseLessor's option, shall return all, but not less than all, the rental value of the Equipment by delivering it Demised Premises, payable from the date immediately following the date on which Lessee was to such place or on board such carrier, packed for shipping, as Lessor may specify. deliver the Demised Premises through and including the last day of the calendar month in which Lessee agrees that so delivers the Equipment, when returnedDemised Premises, shall be deemed to be equal to (a) one hundred twenty-five percent (125%) of the Base Rent payable immediately preceding the expiration or earlier termination of this Lease, plus (b) all other items of Additional Rent that would have been otherwise payable hereunder had this Lease not expired or been terminated. Acceptance by Lessor of any such rent during the period in which Lessee so holds over shall not cure or waive Lessee's default, nor prevent Lessor from exercising, before or after such acceptance, any of the same condition as when delivered remedies provided by this Lease or at law or in equity. Payment of any such rent and other sums during any period in which Lessee holds over shall not excuse Lessee's obligation to Lessee, reasonable wear vacate and tear exceptedsurrender the Demised Premises on the date, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable the manner and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating required under this Lease. Such termination will take effect upon completion of all Lessee waives any rights it may have under applicable law in connection with any holdover proceedings that Lessor may institute against Lessee. Lessee's obligations under this Lease Article shall survive the expiration or earlier termination of the Term. Section 22.03 All trade fixtures, machinery and equipment, and other personal property of Lessee, whether attached to or built into the Demised Premises, whether by Lessor or Lessee or others, and whether at Lessor's expense, or Lessee's expense, or the joint expense of Lessor and Lessee, shall, at the option of Lessee either (including payment i) be deemed abandoned and remain the property of all periodic rental payments due during such 90 day periodLessor, as provided in Paragraph 9 or (ii) be removed by Lessee at Lessee’s sole cost and expense. Section 22.04 The provisions of this Article shall survive any termination of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Purchase and Sale Agreement (P&f Industries Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leaselease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leaselease. Such termination will take effect upon completion of all Lessee's obligations under this Lease lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leaselease). At any time after the expiration of the Initial Term, if this Lease lease has been automatically extended as set forth herein. , Lessor reserves the right to terminate this Lease lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (RMH Teleservices Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, (a) If upon the expiration or termination of the Initial Term (or the Extended Term, as the case may be) or the termination of Lessee's possession of the Property, Lessee or its designee has not purchased the Property as provided hereunder, the Lessee shall surrender (i) the Ground Lease Property to the Lessor in the condition in which the Ground Lease Property was upon the commencement of the Term hereof (subject to Improvements and other alterations and maintenance made in accordance herewith) together with such additional easements, rights of way or other rights as Lessor may require to assure unrestricted access to the Property for the remaining term of the Ground Lease and (ii) the Improvements in the operating condition, efficiency and with the useful life, they were or had upon the commencement of the Primary Term, except as repaired, rebuilt, altered, added to or built as permitted or required hereby and except for ordinary wear and tear. To the extent that the Property is not in compliance with the above upon such expiration or termination (except as a consequence of a Casualty or Condemnation, as to which paragraph 12 applies), the Lessee shall pay to the Trustee on behalf of the Lessor such additional amounts as are required to place it in compliance therewith. (b) The Lessee shall also surrender the Property to the Lessor free and clear of all Liens, easements, consents and restrictive covenants and agreements affecting the Property which the Lessee is obliged hereunder to remove. (c) The Lessee shall also surrender the Property in a condition such that the Property is in compliance with all applicable Environmental Laws at surrender (irrespective of whether the deadline for such compliance would otherwise expire before the end of the Term). Nothing contained in this paragraph 23 shall relieve or discharge or in any renewal term, or upon demand by Lessor made way affect the obligation of the Lessee to cure promptly pursuant to Paragraph 21 this Lease any violations of Legal Requirements referred to in this Lease, or to pay and discharge any Liens and Impositions against the Property, subject, however, to the right of the Lessee to contest the same pursuant to the provisions of paragraphs 11 and 18. Lessee shall cooperate, to the fullest extent, with the Lessor, its subsequent lessees, operators or purchasers to effect the transfer of all of Lessee's Applicable Permits for the Property to such Persons. (d) The Lessee, at its sole cost and expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability remove from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold Property on or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with expiration or termination all property situated thereon which is not owned by the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease Lessor and shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At repair any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease damage caused by 30 days written notice to Lessee.such

Appears in 1 contract

Samples: Lease Agreement (Geon Co)

Surrender. Provided that Lessee does not exercise 24.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or upon any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to the Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than Tenant's work attached hereto as Exhibit C, whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will permit Lessor blend with and be comparable to be eligible for Manufactureradjacent areas. Tenant's standard maintenance contract without incurring any expense to removal and repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage obligations hereunder with respect to such missing or damaged items and the Demised Premises shall be subject extend to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer core area or any other part of the Equipment, which letter Building where any additional work was performed by or on behalf of Tenant. If Tenant shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, perform as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermSection 24.02, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord shall have the right to terminate this Lease by 30 days written do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the Demised Premises to Lesseea future occupant.

Appears in 1 contract

Samples: Office Lease Agreement (Star Telecommunications Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon The Tenant shall at the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 other termination of this Lease, Lesseeremove all of Tenant’s goods and effects from the leased premises, at its expenseand all of Tenant’s tel/data cabling and specialty finishes specifically identified by Landlord in writing upon review of Xxxxxx’s plans (including, shall return all, but not less than all, without hereby limiting the generality of the Equipment foregoing, all signs and lettering affixed or painted by delivering it to such place the Tenant, either inside or on board such carrieroutside the leased premises, packed except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be signage in the same Building directory provided by Landlord). Tenant shall deliver to the Landlord the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises (except as otherwise agreed at the time of construction or installation), in the condition as when delivered to Lesseerequired under Section 11 hereof, damage by fire or other casualty, reasonable wear and tear exceptedtear, and in a condition which will permit Lessor taking by eminent domain only excepted. In the event of the Tenant’s failure to remove any of Tenant’s property from the premises, Landlord is hereby authorized, without liability to Tenant for loss or damage thereto, and 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 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. In the event that Xxxxxx does not move from the leased premises at the end of the term (as may be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee extended), the Base Rent shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable then existing Base Rent multiplied by 150% for the condition of the Equipment until it is received first thirty (30) days, then 200 percent, and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence Tenant shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with considered a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor Tenant at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseesufferance.

Appears in 1 contract

Samples: Commercial Lease (Pine Technology Acquisition Corp.)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration or earlier termination of the Initial TermTerm or Tenant’s right to possession of the premises, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, Tenant shall return all, but not less than all, of the Equipment by delivering it Premises to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered to Lesseegood order and condition, reasonable wear and tear damage caused by taking or fire or other casualty and damage caused by the negligence or willful misconduct of Landlord or its agents, contractors or employees excepted. If Landlord requires or permits Tenant to remove any alterations pursuant to Section 10, and 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, trade fixtures and all other items of personal property from the Premises prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned, in which will permit Lessor event Landlord may cause such items to be eligible for Manufacturer's standard maintenance contract removed and disposed of at Tenant’s expense, without incurring any expense notice to repair or rehabilitate Tenant (except that Landlord shall give Tenant ten (10) days prior written notice to remove such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer termination of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased Lease not involving a default by Tenant) and without obligation to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseecompensate Tenant.

Appears in 1 contract

Samples: Lease Agreement (First Essex Bancorp Inc)

Surrender. Provided that Lessee does not exercise shall deliver and surrender to Lessor possession of the purchase option as set forth in Paragraph 27 hereof, Premises 573 immediately upon the expiration of the Initial Term, Term or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 the earlier termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, Lease in as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good 574 condition and repair as the same condition as when delivered to Lessee, reasonable were on the Commencement Date (ordinary wear and tear only 575 excepted), and in a condition which will permit Lessor to be eligible with all equipment, personal property and other items placed on the Premises by or 576 for Manufacturer's standard maintenance contract without incurring Lessee or any expense to repair of its contractors, agents, consultants, representatives or rehabilitate invitees removed. Any 577 such Equipment. items not removed by Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermTerm or earlier termination of this 578 Lease shall be deemed abandoned, if and Lessor shall have the right to dispose of such items as 579 Lessor deems appropriate at the sole cost and expense of Lessee. In the event Lessee remains in 580 possession of the Premises after the expiration or earlier termination of this Lease has been automatically extended as set forth herein. (i) Lessor 581 expressly reserves the right to terminate reenter the Premises, and the right to assert any remedy at law or in 582 equity to evict Lessee and collect damages in connection with any such holding over, and (ii) 583 Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, 584 demands, actions, losses, damages (including consequential damages), obligations, costs and 585 expenses, including, without limitation, attorneys’ fees incurred or suffered by Lessor by reason 586 of Lessee’s failure to surrender the Premises on the expiration or earlier termination of this Lease by 30 days 587 in accordance with the provisions of this Lease. In the event Lessee holds over, either with or 588 without the consent of Lessor, Lessee hereby waives its rights to receive any prior written notice 589 to Lessee.quit and vacate the Premises as may be required by State or local law. C-13 May 2019 SBWMA/BFI Disposal Services Agreement

Appears in 1 contract

Samples: Solid Waste Disposal Services Agreement

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, LesseeTenant shall, at its expenseto the extent required, and in accordance with Section 13.2, repair any damage to and restore the condition of the Premises. Tenant shall return allalso remove all of Tenant's Property and shall repair all damage to the Premises, but the Building or the Property caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing (which notice Landlord shall provide to Tenant not less than all, sixty (60) days prior to the end of the Equipment by delivering it Term), and except as otherwise expressly provided in this Lease. Tenant shall surrender the Premises, together with all keys and security codes, to such place or on board such carrierLandlord broom clean, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in substantially the same condition as when delivered received, and in the condition described on Exhibit H attached hereto, ordinary wear and tear, repairs for which Tenant is not responsible under this Lease and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to Lesseeperform maintenance, repairs or replacements for which Tenant is responsible under this Lease shall not be deemed "reasonable wear and tear exceptedtear”. In order to prepare for and substantiate such surrender, Tenant and Landlord shall cooperate in good faith to meet for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than ninety (90) days) before the last day of the Term, and the second to occur not later than five (5) business days after Tenant has vacated the Premises. In the event Tenant fails to participate in a condition which will permit Lessor either such inspection after the timing thereof has been agreed to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair by the parties, Landlord’s inspection at or rehabilitate such Equipment. Lessee after Tenant’s vacating the Premises shall be liable conclusively deemed correct for reasonable purposes of determining Tenant’s responsibility for repairs and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth aboverestoration. If Tenant fails to remove any items of Equipment are missing Tenant’s Property, or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject restore the Premises to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipmentrequired condition, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 within 2 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term after termination of this Lease or termination of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be automatically extended entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for a term the value, preservation or safekeeping of 3 monthsTenant’s Property. ThereafterTenant shall pay Landlord, upon demand, the term of this Lease will be extended for subsequent full month periodsexpenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by within 30 days written notice after notice, Landlord may deem all or any part of Tenant’s Property to Lesseebe abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leasethe lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease the lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease the lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leasethe lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease the lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leasethe lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Ligand Pharmaceuticals Inc)

Surrender. Provided that Lessee does not exercise the purchase option Except as set forth otherwise provided in this Paragraph 23 and in Paragraph 27 11, the SUBLESSEE shall at the expiration or other termination of this SUBLEASE yield up and peaceably surrender all portions of the Leased Premises to SUBLESSOR and shall remove all SUBLESSEE'S goods and effects therefrom (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the SUBLESSEE, either inside or outside the Leased Premises). SUBLESSEE shall deliver to the SUBLESSOR the Leased Premises and all keys, locks thereto, and all fixtures, alterations and additions made to or upon the Leased Premises, except for equipment-moveable partitions and furnishings leased or installed at the SUBLESSEE'S expense which have previously been identified in writing as such from SUBLESSEE to SUBLESSOR, in the same condition as they were after the construction of the Tenant Improvements, or as they were put in during the term hereof, upon reasonable wear and tear and damage by fire, other casualty or eminent domain and matters for which the SUBLESSOR is responsible hereunder only excepted. All equipment, moveable partitions and furnishings, which have previously been identified in writing as such from SUBLESSEE to SUBLESSOR, installed in the Leased Premises at the SUBLESSEE'S expense during the term of the SUBLEASE may be removed by the SUBLESSEE at the expiration or other termination of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, LesseeSUBLEASE. The SUBLESSEE shall, at its expense, promptly repair any and all damage to the Leased Premises resulting from such removal and shall return allrestore or pay the cost of restoring, but not less than all, the Leased Premises to the condition which existed after the completion of the Equipment by delivering it to such place Tenant's Improvements or on board such carrier, packed for shippingany approved alteration or addition, as Lessor the case may specifybe. Lessee agrees that In the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition event of the Equipment until it is received and accepted at SUBLESSEE'S failure to remove any of the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability SUBLESSEE'S property from the Manufacturer of the EquipmentLeased Premises, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it SUBLESSOR is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrenderhereby authorized, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease fifteen (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 15) days written notice to Lesseethe SUBLESSEE without liability to SUBLESSEE for loss or damage thereto, and at the sole risk of SUBLESSEE to (a) remove and store any of the property at SUBLESSEE'S sole cost and expense, (b) deem any of SUBLESSEE'S property which remains on the Leased Premises to be abandoned and in such case (i) retain it as SUBLESSOR'S property or (ii) dispose of it without accountability at SUBLESSEE'S expense, in such manner as SUBLESSOR may see fit. It is specifically understood by the parties that the Tenant Improvements performed at the commencement of this SUBLEASE, and referred to in Paragraph 3.3 of the SUBLEASE shall become the property of the SUBLESSOR at the expiration or sooner termination of this SUBLEASE. It is also understood by the parties that the SUBLESSEE may lease equipment from third parties and in connection therewith, SUBLESSOR shall agree to execute so-called Landlord Waivers in a form reasonably acceptable to SUBLESSOR, which at minimum, shall include provisions (a) permitting the equipment lessor to enter the Leased Premises for purposes of removal of leased equipment so long as said equipment lessor agrees to restore the Leased Premises and repair any damage caused by the removal of such leased equipment, and (b) permitting (but not requiring) the SUBLESSOR an opportunity to cure any default of SUBLESSEE, and thereby succeed to the rights of the equipment lessee under the equipment lease. Upon execution or sooner or termination of this SUBLEASE, such equipment shall, unless the parties agree otherwise, become the property of the SUBLESSOR. In the event that at such expiration or termination of the SUBLEASE, there is leased equipment for which lease payments are still outstanding, SUBLESSOR shall have the option of making the payments due thereunder, and thereby succeed to the interest of the SUBLESSEE in the equipment or may require the equipment lessor to remove the leased equipment as set forth in the Landlord Consent form.

Appears in 1 contract

Samples: Sublease (Chemgenics Pharmaceuticals Inc)

Surrender. Provided Upon the expiration or sooner termination of this Lease, Tenant shall surrender to Landlord the Premises, free of subtenants (except as provided in Section 14.7), occupants or the like, in good order and repair (except in the event of termination upon a Casualty, a total taking or Constructive Total Taking in condemnation proceedings), reasonable wear and tear and damage by casualty or condemnation (except to the extent Tenant was theretofore obligated under this Lease to restore such casualty or condemnation prior to the date of such expiration or sooner termination) excepted and also except as Tenant may have been prevented from maintaining the Premises in good order and repair by occupation thereof by any entity having the power of eminent domain which shall have taken the temporary use thereof and shall then be in possession thereof. If the Premises are not surrendered at the end of the Term, Tenant shall compensate Landlord for all damages which Landlord shall suffer by reason thereof, and Tenant shall indemnify, defend and hold Landlord harmless from and against all claims made by any succeeding tenant against Landlord founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant to the extent that Lessee does not exercise all or any portion of such delay is occasioned by the purchase option failure of Tenant to surrender the Premises as set forth in Paragraph 27 and when required by this Lease. Without limiting the provisions of Section 13.1 hereof, if Tenant shall, without the written consent of Landlord, hold over after the expiration of the Term, Tenant's use shall be deemed a month-to-month tenancy, which tenancy may be terminated upon demand of Landlord. During such tenancy, Tenant agrees to pay Landlord, each month, (i) the following percentage of the Base Rent in effect upon the expiration of the Initial Term: (A) 125% of such Base Rent for the first ninety (90) days after the expiration or sooner termination of this Lease; (B) 150% of such Base Rent for the next ninety (90) days (that is, until the 180th day thereafter); (C) 175% of such Base Rent for the next ninety (90) days (that is, until the 270th day thereafter); and (D) 200% of such Base Rent for the period from and after such 270th day after the expiration or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 sooner termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment plus (ii) all Additional Rent payable by delivering it to Tenant hereunder for such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseemonth.

Appears in 1 contract

Samples: Sublease Agreement (United Auto Group Inc)

Surrender. Provided that Lessee does Tenant agrees on the last day of the Lease Term, or promptly following any sooner termination of this Lease, to surrender the Premises to Landlord in the condition delivered to Tenant, reasonable wear and tear, acts of God, casualties, condemnation, Hazardous Materials, as defined in paragraph 18 hereof (other than those stored, used or disposed of by Tenant in or about the Premises in violation of Law, as "Law" defined in paragraph 11(a)), and Alterations (as defined in paragraph 10) made by Tenant which Landlord has not exercise the purchase option as set forth in Paragraph 27 hereofrequired Tenant to remove, upon excepted. Tenant shall ascertain from Landlord within thirty (30) days before the expiration of the Initial Term, Lease Term or promptly following any renewal term, or upon demand sooner termination whether Landlord will require Tenant to remove any Alterations made by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted Tenant at the destination designated by Lessor as set forth abovePremises; provided that Landlord shall not require Tenant to remove any Alteration which Landlord has previously indicated may remain at the Premises. If any items of Equipment are missing or damaged when returnedLandlord shall so require, then Tenant shall remove such occurrence shall be treated Alterations as an event of Loss or Damage with respect to such missing or damaged items Landlord may designate and shall be subject repair any damage to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from Premises occasioned by the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after removal before the expiration of the Initial Lease Term or promptly following any earlier termination at Tenant's sole cost and expense. On or before the end of the Lease Term or promptly following sooner termination of the Lease Term, if this Lease has been automatically extended as set forth herein. Lessor reserves Tenant shall remove all of its personal property and trade fixtures from the right Premises, and all property not so removed shall be deemed to terminate this Lease be abandoned by 30 days written notice to LesseeTenant.

Appears in 1 contract

Samples: Lease Agreement (Netro Corp)

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Surrender. Provided Tenant agrees that Lessee does not exercise on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 on the sooner termination of this Lease, LesseeTenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, at its expensefire, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable and normal wear and tear excepted), broom clean and free of debris, 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 (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a condition termination of this Lease prior to the scheduled Expiration Date, in which will permit Lessor to event no advance notice shall be eligible for Manufacturer's standard maintenance contract without incurring any required), require Tenant at Tenant’s expense to remove any or all Alterations (but expressly excluding the Tenant Improvements), and to repair or rehabilitate any damage caused by such Equipmentremoval. Lessee Any of Tenant’s Property not so removed by Tenant as required herein shall be liable deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for reasonable any damages resulting from Landlord’s retention and necessary expenses to place the Equipment in disposition of such condition. Lessee 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 condition Premises as the property of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

Surrender. Provided that Lessee does not exercise 20.1 Upon the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 term of this Lease, Lesseeor the sooner termination thereof, Tenant shall quit and surrender the Demised Premises to Landlord in good order, condition and repair, except for ordinary wear and tear; and the Demised Premises and the remainder of the Real Estate shall be free of any and all hazardous substances, wastes or conditions and shall be in compliance with all applicable Laws of any Environmental Authority with respect to any hazardous subs, slices or wastes for which Tenant is responsible hereunder or pursuant to any Law. 20.2 Prior to or upon the expiration or sooner termination of this Lease, Tenant, at its expenseown cost and expense shall remove from the Demised Premises all trade fixtures, shall return allpartitions, but not less than allequipment, of the Equipment by delivering it to such place personal property, or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor other improvements required to be eligible for Manufacturer's standard maintenance contract removed from the Demised Premises pursuant to Article 13 and/or Article 23 without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject injury to the terms specified in Paragraph 15 belowDemised Premises. Lessee shall provide Lessor with a Letter of Maintainability All such property that is not removed from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days Demised Premises prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term or sooner termination of this Lease shall be automatically extended for a term be, at the election of 3 months. ThereafterLandlord and with absolutely no liability whatsoever to Tenant or any Sublessee, either (a) retained or disposed of by Landlord as its own property without any obligation whatsoever to Tenant or any Sublessee or (b) removed from the term Demised Premises and disposed of by any means whatsoever by Landlord, at Tenant's sole cost and expense. 20.3 Tenant's obligation to observe the covenants contained in this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such Article shall survive the expiration or sooner termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Sublease (Protarga Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leasethe lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease the lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease the lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leasethe lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease the lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leasethe lease). At any time after the expiration of the Initial Term, if this Lease the lease has been automatically extended as set forth herein. , Lessor reserves the right to terminate this Lease the lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Molecular Biosystems Inc)

Surrender. Provided that Lessee does not exercise the purchase option Except as set forth to the contrary herein, within sixty (60) days following the termination of this Agreement and while continuing to pay Rent (the “Equipment Removal Period”), in Paragraph 27 hereofaccordance with the terms of this Agreement, upon Tenant will surrender the Premises to Landlord in a condition similar to that which existed immediately prior to Tenant’s Installation together with any additions, alterations and improvements to the Premises, in either case, normal wear and tear excepted. Subject to Section 3.2, Tenant shall have the right to access the Premises or remove any or all of Tenant’s Equipment from the Premises at any time during the Term or the Equipment Removal Period. If Tenant’s Equipment is not removed at the conclusion of the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant’s Equipment is removed from the Premises, provided the Hold Over term shall not exceed one hundred twenty (120) days unless otherwise agreed to by both parties in writing. If Tenant fails to remove Tenant’s Equipment within one hundred twenty (120) days following the expiration of the Initial TermEquipment Removal Period, or any renewal term, or upon demand then Landlord shall have the option – to be exercised by Lessor made pursuant prior Notice to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, Tenant – to declare Tenant’s Equipment abandoned and Landlord may remove and dispose of the Equipment by delivering Tenant’s Equipment. If Landlord exercises this option, then following written Notice to Tenant (i) Landlord shall take possession and title of the property and dispose of it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that in a commercially reasonable manner; (ii) the Equipment, when returned, reasonable costs associated with removal and disposition of the property shall be in the same condition as when delivered itemized and billed to Lessee, reasonable wear Tenant at one hundred and tear excepted, twenty-five percent (125%) of its actual documented cost (“Removal Fee”); (iv) Tenant shall pay such Removal Fee within thirty (30) days of such billing; and in a condition which will permit Lessor (v) Tenant’s obligation to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted pay rent at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence Holdover rate shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseeterminate.

Appears in 1 contract

Samples: Site Lease Agreement

Surrender. Provided Sublessee agrees that Lessee does not exercise on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 on the sooner termination of this LeaseSublease, Lessee, at its expense, Sublessee shall return all, but not less than all, of surrender the Equipment by delivering it Premises to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Sublessor (i) in the same condition as when delivered to Lesseereceived, reasonable normal wear and tear and damage from casualty excepted, and (ii) otherwise in a condition which will permit Lessor accordance with Paragraph 32(h) of the Lease. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Sublessee, or Sublessee otherwise performing all of its obligations under this Sublease. On or before the expiration or sooner termination of this Sublease, Sublessee shall, in accordance with Redacted this Section 18, and at Sublessee's sole cost and expense, remove, and repair any damage cause by such removal, (A) all of Sublessee's Property and Sublessee's signage from the Premises, the Building and the Project and (B) all tenant improvements and alterations required to be eligible for Manufacturerremoved pursuant to Section 3(b) of this Sublease. Any of Sublessee's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee Property not so removed by Sublessee as required herein shall be liable deemed abandoned and may be stored, removed, and disposed of by Sublessor at Sublessee's expense, and Sublessee waives all claims against Sublessor for reasonable any damages resulting from Sublessor's retention and necessary expenses to place the Equipment in disposition of such condition. Lessee property; provided, however, that Sublessee shall remain liable to Sublessor for all costs incurred in storing and disposing of such abandoned property of Sublessee. All Approved Alterations and other alterations to the condition Premises except those which Sublessee is required to remove pursuant to Section 3(b) of this Sublease shall remain the property of Sublessor or Landlord. If the Premises are not surrendered at the end of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items Term or sooner termination of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided abovethis Sublease, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply in accordance with the provisions described above covering surrender, upon expiration of this Section 18 and Paragraph 32(h) of the Initial TermLease, Sublessee shall indemnify, defend and hold Sublessor harmless from and against any and all loss or liability resulting from delay by Sublessee in so surrendering the term of this Lease shall be automatically extended for Premises including, without limitation, any loss or liability resulting from a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, claim made against Sublessor made by any succeeding sublessee or prospective sublessee founded on a month or resulting from such delay and losses to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments Sublessor due during such 90 day period, as provided in Paragraph 9 of this Lease). At to lost opportunities to sublease any time after the expiration portion of the Initial TermPremises to any such succeeding sublessee or prospective sublessee, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseetogether with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Sublease Agreement (Corixa Corp)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon Upon the expiration of the Initial TermTerm or earlier termination of Tenant’s right of possession, or any renewal term, or upon demand by Lessor made pursuant Tenant shall surrender the Premises to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Landlord in the same condition as when delivered received, subject to Lesseeany Alterations or Installations permitted by Landlord to remain in the Premises, reasonable 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 casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring the Building, restrooms or all or any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition portion of the Equipment until it is received and accepted at the destination designated Premises, Building or Project furnished to or otherwise procured by Lessor as set forth aboveTenant. If any items such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of Equipment are missing replacing such lost access card or damaged when returnedkey 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, such occurrence Alterations and property not so removed by Tenant as permitted or required herein shall be treated deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as an event of Loss the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or Damage earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to such missing or damaged items Rent and shall be subject to obligations concerning the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer condition and repair of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseePremises.

Appears in 1 contract

Samples: Lease Agreement (AVROBIO, Inc.)

Surrender. Provided that Lessee does not exercise 15.1 Upon the purchase option as set forth in Paragraph 27 expiration or earlier termination hereof, upon the expiration and except as otherwise provided herein (including in Sections 7.1.4, 7.1.5, 7.1.6, 8 and 11 and this Section 15), (a) Tenant shall surrender possession of the Initial TermPremises to Landlord in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, or any renewal termexcept for reasonable wear and tear; and (b) without limiting the preceding clause (a), or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, LesseeTenant, at its expense, before surrendering the Premises, shall return allhave caused the Tenant Systems to have been audited, but not less than all, of the Equipment serviced and repaired by delivering it a reputable and licensed service firm reasonably acceptable to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees Landlord so that the Equipment, when returned, Tenant Systems shall be have been put in the same as good condition and repair as when delivered to LesseeTenant took possession and as thereafter improved by Landlord and/or Tenant (including replacement of any burned out or broken light bulbs or ballasts), except for reasonable wear and tear excepted(as determined taking into account the age of each Tenant System). If Tenant fails to timely perform any work required under this Section 15.1, then, without limiting its remedies, Landlord may do so, in which case Tenant shall pay Landlord, upon demand, the cost of such work. 15.2 Before the expiration or earlier termination hereof, Tenant, without expense to Landlord, shall (a) remove from the Premises all debris and rubbish and all furniture, equipment, trade fixtures, Lines, free-standing cabinet work, movable partitions and other articles of personal property that are owned or placed in the Premises by Tenant or any party claiming by, through or under Tenant (except for any Lines not required to be removed under Section 23), and in a condition which will permit Lessor (b) repair all damage to be eligible for Manufacturer's standard maintenance contract without incurring the Premises and Building resulting from such removal. If Tenant fails to timely perform such removal and repair, Landlord may do so at Tenant’s expense (including storage costs). If Tenant fails to remove such property from the Premises, or from storage, within 30 days after notice from Landlord, any expense to repair or rehabilitate part of such Equipment. Lessee property shall be liable for reasonable and necessary expenses deemed, at Landlord’s option, either (x) conveyed to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing Landlord without compensation, or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseey) abandoned.

Appears in 1 contract

Samples: Office Lease (Atmel Corp)

Surrender. Provided that Lessee does not exercise 19.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal termthe Option Term if in effect, or upon demand by Lessor made pursuant to Paragraph 21 any earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 8.01, if applicable. 19.02 Prior to such surrender, Tenant shall (a) remove any Tenant’s property not part of the personal property as otherwise provided herein, including, without being limited to, all of Tenant’s machinery, equipment, medical equipment and machines bolted to the floor and such fixtures as Landlord shall designate, whether or not previously deemed to be the property of Landlord, (b) at Landlord’s request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraph (a) above occurred, to a condition which will permit Lessor be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant’s needs, the Demised Premises to be eligible for Manufacturer's standard maintenance contract without incurring any expense restored to repair that state or rehabilitate such Equipment. Lessee condition as shall be liable useable for reasonable non-specialized, medical office use. If Tenant shall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant’s cost and necessary expenses to place the Equipment expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in such condition. Lessee shall remain liable for the condition granting occupancy of the Equipment until it is received and accepted Demised Premises to a future occupant, and, at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returnedLandlord’s option, such occurrence Tenant shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with deemed a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor Tenant “at least 90 days prior to such return. Should Lessee fail to comply will” until compliance with the removal, repair and restoration provisions described above covering surrenderof this Section 19.02 hereof has fully been satisfied. 19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, cost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys’ fees and disbursements, resulting from delay by Tenant in surrendering the Demised Premises upon expiration of the Initial Term, the term termination of this Lease shall be automatically extended as provided in this Article 19, including without limitation, any claims made by any succeeding Tenant or prospective Tenant-based upon such delay. 19.04 In the event Tenant remains in possession of the Demised Premises for a term period of 3 months. Thereafter, more than sixty (60) days after the term termination of this Lease will without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, shall be extended for subsequent full deemed to be occupying the Demised Premises as a Tenant “at will”, at a monthly rental equal to two times the Base Rent and Additional Rent payable during the last month periodsof the Term or any Option Term, on a month subject to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion all of all Lessee's obligations under the other terms of this Lease insofar as the same are applicable to an at will tenancy, and without in any way whatsoever waiving the provisions of Section 19.03 hereof. In the event of any holdover of less than sixty (including payment of all periodic rental payments due 60) days, Tenant shall pay Landlord Rent and Additional Rent at the rate in effect during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration last month of the Initial Term or any Option Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Holdings, Inc.)

Surrender. Provided that Lessee does not exercise 19.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or upon any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 17.01, if applicable. 19.02 Prior to such surrender Tenant shall (a) remove Tenant's Property subject to the provisions of Article 18 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than the standard quality and quantity of building standard work provided by Landlord under Landlord's standard, unmodified, printed form of Work Letter (attached hereto as Exhibit "D" as though unmodified by the parties), whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work, or additional items or quantities of building standard work, and (c) at Landlord's request, repair any damage and made any replacements to the Real Property resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs "a" and "b" above occurred, to a condition which will permit Lessor blend with and be comparable to be eligible for Manufacturerand compatible with adjacent areas. Tenant's standard maintenance contract without incurring any expense to removal and repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage obligations hereunder with respect to such missing or damaged items and the Demised Premises shall be subject extend to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer core area or any other part of the EquipmentBuilding where any additional work was performed by or on behalf of Tenant. If Tenant shall fail to perform as provided in this Section 19.02, which letter Landlord shall state that have the Equipment will be eligible for right to do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the Manufacturer's standard maintenance contract when sold or leased Demised Premises to a third party. Lessee shall give Lessor prior written notice that it is returning future occupant. 19.03 In the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration event Tenant remains in possession of the Initial Term, Demised Premises after the term termination of this Lease without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, shall be automatically extended for deemed to be occupying the Demised Premises as a term Tenant from month to month, at a monthly rental equal to three (3) times the Base Rent and additional rent payable during the last month of 3 months. Thereafterthe Term, subject to all of the term other terms of this Lease will be extended for subsequent full month periods, on insofar as the same are applicable to a month to month basistenancy. 19.04 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, until Lessee has given at least 90 days written notice terminating this Lease. Such cost, liability, claim, damage, fine, penalty, and expense, including reasonable attorneys' fees and disbursements, resulting from delay by Tenant in surrendering the Demised Premises upon the termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At Article 19, including without limitation, any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease claims made by 30 days written notice to Lesseeany succeeding tenant or prospective tenant based upon such delay.

Appears in 1 contract

Samples: Lease Agreement (International Telecommunication Data Systems Inc)

Surrender. Provided Upon expiration or earlier termination of this Lease, Tenant shall surrender to Port the Premises in good order, condition, and 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 Lessee does would have been prevented by proper 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 liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, 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. 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 exercise surrendered at the purchase option 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 be responsible for the payment of Rent (as set forth the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in Paragraph 27 hereofaccordance 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 Initial Term, or any renewal term, or upon demand . Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Lessor made pursuant to Paragraph 21 Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Lease Agreement

Surrender. Provided that Lessee does not exercise (a) On the purchase option as set forth in Paragraph 27 hereof, Expiration Date or upon the expiration sooner termination of the Initial Term, or any renewal term, this Lease or upon demand any re-entry by Lessor made pursuant to Paragraph 21 of this LeaseLandlord, LesseeTenant shall, at its expense, shall return allquit, but not less than allsurrender, of vacate and deliver the Equipment Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by delivering it to such place fire or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear other insured casualty excepted, together with all Tenant Improvements and Alterations (except as otherwise provided for in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipmentthis Lease). Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted Tenant shall, at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returnedits expense, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject except to the terms specified extent Landlord shall notify Tenant in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 writing not later than thirty (30) days prior to the Expiration Date, remove from the Building all of Tenant's Property and restore the Premises to their condition prior to the making of such returnimprovements. Should Lessee fail to comply with Any Tenant's Property or other personal property which shall remain in the provisions described above covering surrender, upon expiration of Premises (A) after the Initial Term, Expiration Date or (b) for thirty (30) days after the term termination of this Lease shall be automatically extended deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of any item that Tenant is required to remove and/or dispose of pursuant to this Section 21.01, shall be reimbursed to Landlord by Tenant as Additional Charges on demand. The obligations of Tenant under this Section 21.01(a) shall survive the expiration or sooner termination of the Lease. (b) Tenant expressly waives, for a term itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of 3 months. Thereafter, Section 2201 of the term New York Civil Practice Law and Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to LesseeArticle.

Appears in 1 contract

Samples: Lease Agreement (Fidelity Holdings Inc)

Surrender. Provided Upon expiration or earlier termination of this Lease, Tenant shall surrender to Port the Premises in good order, condition, and 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 Lessee does would have been prevented by proper 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 liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, 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. 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 exercise surrendered at the purchase option end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 13.6, Tenant shall continue to be responsible for the payment of Rent (as set forth the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in Paragraph 27 hereofaccordance 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 Initial Term, or any renewal term, or upon demand . Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Lessor made pursuant to Paragraph 21 Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Lease Agreement

Surrender. Provided that Lessee does 16.2.1 Subtenant shall have no obligation or liability with respect to the removal and/or restoration of any improvements or alterations not exercise otherwise constructed by Subtenant, including any improvements or alterations constructed by Sublandlord within the purchase option Subleased Premises as set forth of the Commencement Date of this Sublease. 16.2.2 Subtenant shall surrender the Subleased Premises on the Expiration Date or earlier termination of this Sublease in Paragraph 27 hereofbroom-clean condition, upon and otherwise in as good condition as received, normal wear and tear and damage caused by casualty or condemnation excepted and shall remove all of Subtenant’s furniture, trade fixtures, equipment, and other personal property on or before the Expiration Date, including, without limitation, personal property acquired from Sublandlord. 16.2.3 Any additions or alterations made by Subtenant shall be surrendered with the Subleased Premises at the end of the Term, unless, prior to the expiration or earlier termination of the Term, Sublandlord provides written notice to Subtenant to remove the same. In such case, Subtenant shall remove the same, to the extent installed or made by or on behalf of Subtenant, on or before the expiration of the Initial Term, and repair any damage resulting from such removal. If Subtenant fails to complete such removal and/or repair any damage caused by such removal of any alterations, additions and improvements made by Subtenant on the Master Lease Premises, Sublandlord may charge the cost thereof to Subtenant together with a five percent (5%) supervision and administration fee (whether such removal is performed by Sublandlord or any renewal termLandlord), or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, and Subtenant shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed reimburse Sublandlord for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition within thirty (30) days after receipt of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseeinvoice therefor.

Appears in 1 contract

Samples: Sublease (Minerva Surgical Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the Upon expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 sooner termination of this Lease, LesseeTenant shall, at its sole cost and expense, shall return all, but not less than all, of the Equipment by delivering it subject to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability not resulting from the Manufacturer failure of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased Tenant to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's perform its obligations under this Lease Lease, promptly (including payment of i) at Landlord's written election, undo and remove all periodic rental payments due during such 90 day periodtrade fixtures, as provided in Paragraph 9 of this Lease). At any time after personal property, installations, Alterations, signs and leasehold improvements made by, on behalf of, or otherwise within the expiration possession of, Tenant, its subtenants, assigns, or their employees or agents, on or about the Premises requested to be removed and undone by Landlord, (ii) restore, at Landlord's written election, the floor, slab, ceiling and walls of the Initial TermPremises to their condition immediately preceding the Commencement Date, if this Lease has been automatically extended as set forth hereinand (iii) surrender up and deliver possession of the Premises to Landlord, broom clean and in the same condition, order and repair existing immediately preceding the Commencement Date. Lessor reserves Notwithstanding the foregoing: (i) Landlord shall not have the right to terminate this Lease require Tenant to remove (A) any improvements existing in the Premises as of the Reference Date or (B) any Alterations for which Landlord informs Tenant, pursuant to a request for a Removal Determination, that Landlord will not require Tenant to remove such proposed Alterations on surrender of the Premises, and (ii) Tenant shall have the right to remove all phone systems, furniture, fixtures and other personal property owned by 30 days written notice Tenant and not affixed to Lesseethe Premises or which may be removed without any material damage to the Premises (such as floor coverings, draperies, and/or removable shelves), provided, however, Tenant shall, at is sole cost, repair any damage caused by such removal, ordinary wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Universal Electronics Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon The LESSEE shall at the expiration or other termination of this Lease remove all LESSEE's goods and effects from the Premises (including, without hereby limiting the generality of the Initial Termforegoing, all signs and lettering affixed or any renewal termpainted by the LESSEE, either inside or outside the Premises). All additions, alterations, fixtures, and other improvements to the Premises (except for trade fixtures of LESSEE), whether made by LESSOR or LESSEE, shall become a part of and remain with the Premises throughout the lease term and thereafter, except that LESSEE shall upon demand by Lessor made pursuant to Paragraph 21 expiration or termination of this LeaseLease remove any alterations, Lessee, additions or improvements made by LESSEE if such removal was required at its expense, the time of LESSEE's consent to their installation (if such consent was required hereunder). LESSEE shall return all, but not less than all, of surrender the Equipment by delivering it Premises to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be LESSOR in the same broom clean condition as when delivered to Lessee, reasonable that the Premises were in on the Commencement Date except for (i) ordinary wear and tear exceptedtear;(ii) damage by the elements, and in a condition which will permit Lessor fire, or other casualty; (iii) condemnation; (iv) damage arising from any cause not required hereunder to be eligible repaired, replaced, or paid for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable by LESSEE; and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated (v) alterations as permitted by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall except as required to be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, removed as provided in Paragraph 9 the preceding sentence. In the event of this Lease). At the LESSEE's failure to remove any time of LESSEE's property from the Premises within ten (10) days after the expiration or termination of the Initial TermLease, if this Lease has been automatically extended as set forth herein. Lessor reserves LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the right sole risk of LESSEE, to terminate this Lease by 30 days written notice remove and store any of the property at LESSEE's expense, or to Lesseeretain same under LESSOR's control or to sell at public or private sale, without notice, any or 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.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Surrender. Provided that 16.1 Lessee does not exercise shall on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal termTerm hereof, or upon demand by Lessor made pursuant to Paragraph 21 any earlier termination of this Lease, Lesseeor upon any re-entry by Lessor upon the Property pursuant to ARTICLE 17 hereof, at its expense, shall return all, but not less than all, of surrender and deliver up the Equipment Property (except personal property and moveable equipment owned by delivering it to such place or on board such carrier, packed for shipping, Lessee and except as Lessor may specify. Lessee agrees that instructs pursuant to ARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Equipment, when returned, shall be Property into the possession and use of Lessor in the same condition as when delivered to Lesseereceived, reasonable wear and tear tear, casualty and condemnation excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring free and clear of any expense to repair liens created by Lessee or rehabilitate such Equipmentresulting from the acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease remove any fixtures, equipment or other personal property from the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from the Property any equipment or other personal property which is obsolete or unfit for use or which is no longer useful in the operation of the Property. Nothing in this ARTICLE 16 shall in any way be liable deemed to affect any of Lessee’s obligations as to the use of the Property set forth in ARTICLE 2 of this Lease. 16.2 If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. In addition to the foregoing, and in addition to the Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the Net Rent payable as of the expiration or termination of this Lease during each month or portion thereof for reasonable and necessary expenses to place the Equipment in such condition. which Lessee shall remain liable for the condition in possession of the Equipment until it is received and accepted at Property or any part thereof after the destination designated by Lessor as set forth above. If any items of Equipment are missing expiration or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer termination of the EquipmentTerm or of Lessee’s rights of possession, which letter whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall state that not be deemed to limit or constitute a waiver of any other rights or remedies of Lessor provided herein, at law or at equity. 16.3 Except for surrender upon the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold expiration or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration earlier termination of the Initial TermTerm hereof, the term no surrender to Lessor of this Lease or of the Property shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month valid or effective unless agreed to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided and accepted in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease writing by 30 days written notice to LesseeLessor.

Appears in 1 contract

Samples: Stock Purchase Agreement (Preferred Voice Inc)

Surrender. Provided that Lessee does not exercise 22.1 Tenant shall on the purchase option as set forth last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in Paragraph 27 hereof, upon effect following the expiration of the Initial Lease Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be ) in the same condition as when delivered to Lesseegood order and condition, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee provisions of Articles 17 and 18 hereof. 22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall provide Lessor with a Letter have the right to remove its movable personal property (but excluding the personal property of Maintainability Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the Manufacturer removal of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third partysame. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received Any property not removed by Lessor at least 90 days Tenant prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of-pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of same and in restoring the Premises. 22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the term same shall constitute a "holding over" by Tenant. 22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Xxxxxx in surrendering the Premises upon expiration or sooner termination of the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The Parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. Xxxxxx therefore agrees that if possession of the Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which Xxxxxx holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one-half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease shall be automatically extended during the six (6) month period preceding such expiration or termination of the Lease Term, and (ii) for the period thereafter during which Xxxxxx holds over in the Premises after expiration or sooner termination of the Lease Term, a term of 3 months. Thereafter, sum per month equal to two and one-half (2 1/2) times the term of average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease will be extended for subsequent full during the six (6) month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such period preceding such expiration or termination will take effect upon completion of all Lesseethe Lease Term. 22.5 Tenant's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 Article 22 shall survive the expiration or earlier termination of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Lease Agreement

Surrender. Provided that 16.01. Lessee does not exercise shall on the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal termTerm hereof, or upon demand by Lessor made pursuant to Paragraph 21 any earlier termination of this Lease, Lesseeor upon any re-entry by Lessor upon the Property pursuant to ARTICLE 17 hereof, at its expense, shall return all, but not less than all, of surrender and deliver up the Equipment Property (except personal property and moveable equipment owned by delivering it to such place or on board such carrier, packed for shipping, Lessee and except as Lessor may specify. Lessee agrees that instructs pursuant to ARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Equipment, when returned, shall be Property into the possession and use of Lessor in the same condition as when delivered to Lesseereceived, reasonable wear and tear tear, casualty and condemnation excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring free and clear of any expense to repair liens created by Lessee or rehabilitate such Equipmentresulting from the acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease remove any fixtures, equipment or other personal property from the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from the Property any equipment or other personal property which is obsolete or unfit for use or which is no longer useful in the operation of the Property. Nothing in this ARTICLE 16 shall in any way be liable deemed to affect any of Lessee’s obligations as to the use of the Property set forth in ARTICLE 2 of this Lease. 16.02. If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. In addition to the foregoing, and in addition to the Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the Net Rent payable as of the expiration or termination of this Lease during each month or portion thereof for reasonable and necessary expenses to place the Equipment in such condition. which Lessee shall remain liable for the condition in possession of the Equipment until it is received and accepted at Property or any part thereof after the destination designated by Lessor as set forth above. If any items of Equipment are missing expiration or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer termination of the EquipmentTerm or of Lessee’s rights of possession, which letter whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall state that not be deemed to limit or constitute a waiver of any other rights or remedies of Lessor provided herein, at law or at equity. 16.03. Except for surrender upon the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold expiration or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration earlier termination of the Initial TermTerm hereof, the term no surrender to Lessor of this Lease or of the Property shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month valid or effective unless agreed to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided and accepted in Paragraph 9 of this Lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease writing by 30 days written notice to LesseeLessor.

Appears in 1 contract

Samples: Lease Agreement (Preferred Voice Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the 21.1 Upon expiration or earlier termination of the Initial Term, or at any renewal termother time at which the Landlord, by virtue of any provision of this Agreement has the right to re-enter and re-take possession of the Leased Premises, the Tenant shall surrender possession of the Leased Premises; remove from the Leased Premises all property owned by the Tenant or upon demand anyone else other than the Landlord; remove from the Leased Premises any alterations, improvements or other modifications to the Leased Premises that the Landlord may request by Lessor made notice; provided, however, that Landlord may not require that Tenant remove any alterations, improvements or other modifications to the Leased Premises unless the requirement that the same be removed was contained in Landlord's notice to Tenant pursuant to Paragraph 21 subsection 12.2.2 of this Lease, Lessee, at its expense, shall return all, but not less than all, of Agreement as an express condition; make any repairs required by such removal; clean the Equipment by delivering it to such place or on board such carrier, packed for shipping, Leased Premises; leave the Leased Premises in as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same good order and condition as when delivered to Lesseeit was upon the completion of any improvements contemplated by section 5 of this Agreement, reasonable ordinary wear and tear use, damage by fire or other casualty and Landlord's obligations excepted, ; return all copies of all keys and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject passes to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial TermLeased Premises, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, Common Facilities and the term of this Lease will be extended for subsequent full month periods, on a month Building to month basis, until Lessee has given at least 90 the Landlord. 21.2 Within five (5) business days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration or sooner termination of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease Landlord may elect ("Election Right") by 30 days written notice to LesseeTenant to: 21.2.1 Retain any or all wiring, cables and similar installations appurtenant thereto installed by Tenant in the risers, ceilings, plenums and electrical closets of the Building ("Wiring"); 21.2.2 Remove any or all such Wiring and restore the Premises and the Building to the condition existing prior to the installation of the Wiring ("Wire Restoration Work"). Landlord shall perform such Wire Restoration Work at Tenant's sole cost and expense based upon reasonable, documented third-party charges therefor; or 21.2.3 Require Tenant to perform the Wire Restoration Work at Tenant's sole cost and expense. In such event, Tenant shall submit the contract for the Wire Restoration Work to Landlord for Landlord's prior approval. 21.3 The provisions of this Clause shall survive the expiration or sooner termination of the Lease. 21.4 In the event Landlord elects to retain the Wiring pursuant to subsection 21.2.1 of this Agreement, Tenant covenants that Tenant shall be the sole owner of such Wiring, that Tenant shall have good right to surrender such Wiring, and that such Wiring shall be free of all liens and encumbrances.

Appears in 1 contract

Samples: Lease Agreement (Enzon Inc)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leaselease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leaselease. Such termination will take effect upon completion of all Lessee's obligations under this Lease lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leaselease). At any time after alter the expiration of the Initial Term, if this Lease lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Nanogen Inc)

Surrender. Provided that Lessee does not exercise 19.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal termthe Option Term if in effect, or upon demand by Lessor made pursuant to Paragraph 21 any earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 8.01, if applicable. 19.02 Prior to such surrender, Tenant shall (a) remove any Tenant's property not part of the personal property as otherwise provided herein, including, without being limited to, all of Tenant's machinery, equipment, medical equipment and machines bolted to the floor and such fixtures as Landlord shall designate, whether or not previously deemed to be the property of Landlord, (b) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraph (a) above occurred, to a condition which will permit Lessor be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant's needs, the Demised Premises to be eligible for Manufacturer's standard maintenance contract without incurring any expense restored to repair that state or rehabilitate such Equipment. Lessee condition as shall be liable useable for reasonable non- specialized, medical office use. If Tenant shall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant's cost and necessary expenses to place the Equipment expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in such condition. Lessee shall remain liable for the condition granting occupancy of the Equipment until it is received and accepted Demised Premises to a future occupant, and, at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returnedLandlord's option, such occurrence Tenant shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with deemed a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor Tenant "at least 90 days prior to such return. Should Lessee fail to comply will" until compliance with the removal, repair and restoration provisions described above covering surrenderof this Section 19.02 hereof has fully been satisfied. 19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, cost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys' fees and disbursements, resulting from delay by Tenant in surrendering the Demised Premises upon expiration of the Initial Term, the term termination of this Lease shall be automatically extended as provided in this Article 19, including without limitation, any claims made by any succeeding Tenant or prospective Tenant-based upon such delay. 19.04 In the event Tenant remains in possession of the Demised Premises for a term period of 3 months. Thereafter, more than sixty (60) days after the term termination of this Lease will without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, shall be extended for subsequent full deemed to be occupying the Demised Premises as a Tenant "at will", at a monthly rental equal to two times the Base Rent and Additional Rent payable during the last month periodsof the Term or any Option Term, on a month subject to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion all of all Lessee's obligations under the other terms of this Lease insofar as the same are applicable to an at will tenancy, and without in any way whatsoever waiving the provisions of Section 19.03 hereof. In the event of any holdover of less than sixty (including payment of all periodic rental payments due 60) days, Tenant shall pay Landlord Rent and Additional Rent at the rate in effect during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration last month of the Initial Term or any Option Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Inc)

Surrender. Provided that Lessee does not exercise 20.1 Upon the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 term of this Lease, Lesseeor the sooner termination thereof, Tenant shall quit and surrender the Demised Premises to Landlord in good order, condition and repair, except for ordinary wear and tear; and the Demised Premises and the remainder of the Real Estate shall be free of any and all hazardous substances, wastes or conditions and shall be in compliance with all applicable Laws of any Environmental Authority with respect to any hazardous substances or wastes for which Tenant is responsible hereunder or pursuant to any Law. 20.2 Prior to or upon the expiration or sooner termination of this Lease, Tenant, at its expenseown cost and expense shall remove from the Demised Premises all trade fixtures, shall return allpartitions, but not less than allequipment, of the Equipment by delivering it to such place personal property, or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor other improvements required to be eligible for Manufacturer's standard maintenance contract removed from the Demised Premises pursuant to Article 13 without incurring any expense injury to repair the Demised Premises. All such property that is not removed from the Demised Premises prior to the expiration or rehabilitate such Equipment. Lessee sooner termination of this Lease shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted be, at the destination designated election of Landlord and with absolutely no liability whatsoever to Tenant or any Sublessee, either (a) retained or disposed of by Lessor Landlord as set forth above. If its own property without any items obligation whatsoever to Tenant or any Sublessee or (b) removed from the Demised Premises and disposed of Equipment are missing by any means whatsoever by Landlord, at Tenant’s sole cost and expense. 20.3 Tenant’s obligation to observe the covenants contained in this Article shall survive the expiration or damaged when returned, such occurrence shall be treated as an event sooner termination of Loss or Damage with respect to such missing or damaged items and shall be subject this Lease. 20.4 Notwithstanding anything to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter contrary contained herein, if the last day of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease or any renewal or extension thereof falls on Sunday, this Lease shall be automatically extended for a term expire at noon the preceding Saturday; if the last day of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, or any renewal or extension thereof falls on a month to month basisLegal Holiday, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after shall expire at noon on the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lesseepreceding business day.

Appears in 1 contract

Samples: Net Office Lease (One Liberty Properties Inc)

Surrender. Provided that Lessee does not exercise 24.01 On the purchase option as set forth in Paragraph 27 hereof, upon the expiration last day of the Initial Term, or upon any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseeor upon any re-entry by Landlord upon the Demised Premises, at its expenseTenant shall quit and surrender the Demised Premises to the Landlord broom clean, shall return allin good order, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed condition and repair except for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request, remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment including Tenant's Work attached hereto as Exhibit C, and the emergency standby generator and diesel fuel tank referred to in Article 2, whether such work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will permit Lessor blend with and be comparable to be eligible for Manufactureradjacent areas. Tenant's standard maintenance contract without incurring any expense to removal and repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage obligations hereunder with respect to such missing or damaged items and the Demised Premises shall be subject extend to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer core area or any other part of the Equipment, which letter Building where any additional work was performed by or on behalf of Tenant. If Tenant shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, perform as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermSection 24.02, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord shall have the right to terminate this Lease by 30 days written do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the Demised Premises to Lesseea future occupant.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leasethe lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease the lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease the lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leasethe lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease the lease (including payment of all periodic rental payments due during such 90 day period, period as provided in Paragraph 9 of this Leasethe lease). At any time after the expiration of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this Lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Iomega Corp)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereofUnless otherwise agreed to by Xxxxxxxx, upon on or before the expiration of the Initial Term, or any renewal termif applicable, or upon demand by Lessor made pursuant to Paragraph 21 within six (6) months after an early termination of this Lease, Lesseesubject to extension for delays caused by Landlord or an event of Force Majeure and. except as otherwise provided herein, Tenant shall, at its sole cost and expense, (a) remove the Tenant Improvements (including concrete foundations and underground pipelines to a depth of 36 inches), equipment and all of Tenant’s other personal property from the Land, other than any Tenant Improvements, or any portion thereof, that the Parties mutually agree in writing shall return allnot be removed from the Land, but not less than all(b) restore the Land to post-clearing grade level, (c) complete any environmental remediation required by Tenant pursuant to Section 9.2, and (d) thereafter vacate and surrender possession of the Equipment by delivering it Land to such place Landlord. Any Tenant Improvements, or on board such carrierany portion thereof, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, Parties mutually agree in writing shall not be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability removed from the Manufacturer Land pursuant to this Section 4.6 shall become the property of the EquipmentLandlord, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold on an AS IS, WHEREAS basis, without any representations or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided abovewarranties, expressed or implied (including warranties of merchantability and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease shall be automatically extended fitness for a term of 3 months. Thereafter, the term of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leaseparticular purpose). At Except for Tenant Improvements identified in Schedule 1, any time other Tenant Improvements that remain on the Land after the expiration of the Initial Term, if Term or six (6) months after the early termination of this Lease has been automatically extended as set forth herein. Lessor reserves the right (subject to terminate this Lease extension for delays caused by 30 days written notice Landlord or an event of Force Majeure) shall be deemed abandoned or forfeited by Tenant and, Landlord may remove and dispose of same without any liability to LesseeLandlord and Tenant hereby agrees to reimburse Landlord any reasonable expenses therefor.

Appears in 1 contract

Samples: Ground Lease (Rice Acquisition Corp. II)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 22 of this Leaselease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease lease shall be automatically extended for a term of 3 months. Thereafter, the term of this Lease lease will be extended 4 for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Leaselease. Such termination will take effect upon completion of all Lessee's obligations under this Lease lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Leaselease). At any time after the expiration of the Initial Term, if this Lease lease has been automatically extended as set forth herein. , Lessor reserves the right to terminate this Lease lease by 30 days written notice to Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Microdyne Corp)

Surrender. Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon At the expiration of the Initial Term, Term or any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 earlier termination of this Lease, Lesseewithout the requirement of any notice, at its expenseTenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures (other than Tenant’s trade fixtures, video conferencing or IT equipment) and partitions, in any way bolted or otherwise attached to the Premises (which shall return allbecome 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 (other than cabling, but not less than allwhich Tenant shall always be required to remove), of and Tenant shall leave the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be Premises and improvements in the condition in which the same condition as when delivered are required to Lesseebe maintained under Section 5.1, subject to reasonable wear and tear exceptedtear. Notwithstanding the foregoing, and in a condition which will permit Lessor Tenant shall not be required to be eligible for Manufacturer's standard maintenance contract without incurring remove Landlord’s Initial Construction shown on Exhibit B-1 attached hereto (other than any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor cabling associated therewith as set forth above). If any items Tenant shall, at the time of Equipment are missing termination, remove the goods, effects and trade fixtures which Tenant is directed or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect permitted to such missing or damaged items and shall be subject to the terms specified remove in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply accordance with the provisions described above covering surrenderof this Section 5.10, upon expiration making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant EAST\66392481.7 fail to remove any of the Initial Termsuch goods, effects, and fixtures within ten (10) days after notice by Landlord, the term same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease shall be automatically extended for a term then Landlord may, without notice, store Tenant’s personal property (and those of 3 months. Thereafter, any person claiming under Tenant) at the term expense and risk of this Lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of all Lessee's obligations under this Lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this Lease). At any time after the expiration of the Initial TermTenant or, if this Lease has been automatically extended as set forth herein. Lessor reserves Landlord so elects, Landlord may sell such personal property in accordance with the right previous sentence and apply the net proceeds to terminate this Lease by 30 days written notice to Lesseethe earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Samples: Office Lease (IntraLinks Holdings, Inc.)

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