Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Office Lease (Fresh Healthy Vending International, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, SECTION 4.01. On the last day of the term hereof or upon expiration or any earlier termination of this Leaselease, or upon any re-entry by Landlord upon the Demised Premises pursuant to Article 19 hereof, Tenant shall vacate and surrender the Premises Demised Premises, together with all fixtures and articles of personal property attached to or used in connection with the operation thereof, into the possession and use of Landlord without delay and in the same good order, condition as when received and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies other than subleases permitted by this lease and any existing subleases and free and clear of all liens and encumbrances other than those, if any, permitted by this lease or created or consented to by Landlord.
SECTION 4.02. Where furnished by or at the inception expense of this Leaseany subtenant, subject to ordinary wear furniture, trade fixtures and tear. All Alterations shall become a business equipment (not constituting part of the Premises Demised Premises) may be removed by Tenant or by such subtenant at or prior to the termination of its sublease, provided, however, that the removal thereof will not contravene the provisions of the Ground Lease and that Tenant shall become with due diligence, and without expense to Landlord, cause the Building to be promptly restored to its condition prior to such removal and cause any injury due to such removal to be promptly repaired.
SECTION 4.03. Any personal property of Landlord upon Tenant or any subtenant which shall remain in the expiration or earlier Building after the termination of this Leaselease or any sublease and the removal of Tenant or such subtenant from the Building, unless may, at the option of Landlord shallbe deemed to have been abandoned by Tenant or such subtenant and either may be retained by Landlord as its property or be disposed of, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterationswithout accountability, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, manner as Landlord may use, apply see fit.
SECTION 4.04. Landlord shall not be responsible for any loss or retain all or damage occurring to any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises any subtenant.
SECTION 4.05. The provisions of this Article 4 shall be and remain the property of Tenant; upon the expiration or earlier survive any termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantlease.
Appears in 1 contract
Samples: Sublease (Sl Green Realty Corp)
Surrender. Except Section 4.1 On the last day of the term hereof, as provided it may be extended by LESSEE'S exercise of the renewal option contained in Section 7.3 and in this Section 10.51 .3 hereof, or upon expiration or any earlier termination of this Lease, Tenant or upon any legally justified reentry by LESSOR upon the Demised Premises, LESSEE shall vacate and surrender the Premises Demised Premises, together with all improvements located thereon and, except as provided for at Section 4.2, all fixtures and articles of personal property attached to Landlord in the same condition as when received building at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Demised Premises and shall become which are the property of Landlord LESSEE and let LESSOR into the possession and use of the Demised Premises without delay, and subject to the provisions of Section 4.2 hereof, in good order, condition and repair, reasonable wear and tear excepted, and free and clear of all liens and encumbrances other than those, if any, permitted by this Lease or created or consented to by LESSOR.
Section 4.2 Where furnished by or at the expense of LESSEE, furniture, trade fixtures and business equipment, may be removed by the LESSEE; provided, however, that LESSEE shall not be in default on any covenants of this Lease and LESSEE shall with due diligence, and without expense to LESSOR, cause the Demised Premises to be restored to the condition prior to such removal and cause any injury due to such removal to be repaired promptly upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all .
Section 4.3 Any personal property of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all LESSEE or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense sublessee which shall remain in the Demised Premises shall be and remain after the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shallLease may, at its sole expensethe option of LESSOR, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have been abandoned the same, by LESSEE or such sublessee and either may be retained by LESSOR as its property or be disposed of without accountability in which case Landlord such manner as LESSOR may store the same at Tenant's expense (and Tenant deem fit.
Section 4.4 LESSOR shall pay Landlord the cost thereof upon demand), not be responsible for any loss or appropriate the same for itself, and/or sell the same in its discretion, with no liability damage occurring to Tenantany property owned by LESSEE.
Appears in 1 contract
Samples: Lease (Peaches Entertainment Corp)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant LESSEE shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseLease remove all of LESSEE's good and effects from the Premises (including, unless Landlord shallwithout hereby limiting the generality of the foregoing, all lettering, affixed or painted by written notice given the LESSEE, either inside or outside the Property). LESSEE shall deliver to TenantLESSOR the Premises (subject to reasonable wear and tear and damage by other casualty) and all keys, require Tenant locks thereto, and other fixtures and equipment connected therewith to the extent installed by LESSOR and all alterations, additions and improvements made to or upon the Premises, including, but not limited to, any offices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to the extent that the foregoing are attached to the walls or floors and all electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. Lessee shall not be obligated to restore the Premises to its pre-occupancy status. LESSEE shall deliver the Premises in a clean and neat order and in the same conditions as they were at the commencement of the term, or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. LESSEE shall have the right to remove some any trade fixtures, equipment or all of Tenant's Alterations, personal property owned by LESSEE and located in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any LESSEE's failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any of the foregoing from the Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any such items property at LESSEE's expense, or repair to retain the same under LESSOR's control or to sell at public or private sale without notice, any or all the property not so recovered and to apply the net proceeds from such damage promptly after sale to the expiration payment of any sum due hereunder, or earlier termination of this Lease, Tenant to destroy such property which shall be conclusively deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantbeen abandoned.
Appears in 1 contract
Samples: Lease Agreement (Ydi Wireless Inc)
Surrender. Except as Subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided in Section 7.3 and in this Section 10.5, upon expiration that the removal of the same does not adversely affect the Building structure or earlier termination of this any Building operating system or is not prohibited by the Master Lease, Tenant shall vacate and surrender that Subtenantpromptly repairs any damage to the Premises Building structure or its operating systems caused by such removal pursuant to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part requirements of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Master Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subdemised Premises required under the Master Lease. In all other respects, Subtenant shall deliver the Subdemised Premises broom clean, in its condition as of the Commencement Date, reasonable wear and tear and casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and free and clear of any failure and all violations of Tenant any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to perform fulfill any of its obligations under this Section 10.5, in addition to Sublease (and without prejudice to) “Violations”). Subtenantshall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other remedies surrender of Landlordthis Sublease by Subtenant,or a mutual cancellation thereof, Landlord may use, apply shall not automatically terminate any sub-subleases or retain sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of the Security Deposit with respect to such failure. All business and trade fixturesSubdemised Premises, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant but shall, at its sole expensethe option of Sublandlord,either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, remove or (2) operate as an assignment to Sublandlordof any or all such items and repair any damage to the Premises sub-subleases or the Project caused by sub-subtenancies or such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantother agreements.
Appears in 1 contract
Samples: Sublease Agreement (Titan Corp)
Surrender. Except as Subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided in Section 7.3 and in this Section 10.5, upon expiration that the removal of the same does not adversely affect the Building structure or earlier termination of this any Building operating system or is not prohibited by the Master Lease, Tenant shall vacate and surrender that Subtenantpromptly repairs any damage to the Premises Building structure or its operating systems caused by such removal pursuant to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part requirements of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Master Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subleased Premises required under the Master Lease. In all other respects, Subtenant shall deliver the Subleased Premises broom clean, in its condition as of the Commencement Date, reasonable wear and tear and casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and free and clear of any failure and all violations of Tenant any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to perform fulfill any of its obligations under this Section 10.5, in addition to Sublease (and without prejudice to) “Violations”). Subtenantshall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other remedies surrender of Landlordthis Sublease by Subtenant,or a mutual cancellation thereof, Landlord may use, apply shall not automatically terminate any sub-subleases or retain sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of the Security Deposit with respect to such failure. All business and trade fixturesSubleased Premises, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant but shall, at its sole expensethe option of Sublandlord,either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, remove or (2) operate as an assignment to Sublandlordof any or all such items and repair any damage to the Premises sub-subleases or the Project caused by sub-subtenancies or such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantother agreements.
Appears in 1 contract
Samples: Sublease Agreement (Titan Corp)
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant shall, upon expiration or earlier sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at existed on the inception of this Lease, subject to ordinary Commencement Date (reasonable wear and tear. All Alterations shall become a part of , losses due to casualty and condemnation and Landlord's repair obligations excepted) with all holes in walls repaired, all HVAC equipment in good operating order and in good repair (reasonable wear and tear, losses due to casualty and condemnation and Landlord's repair obligations excepted), and the Premises and shall become in broom clean condition, all to the property reasonable satisfaction of Landlord upon Landlord. In addition, prior to the expiration or earlier termination of this LeaseLease Tenant shall: (a) upon Landlord's request, unless remove all telephone and other cabling installed in the Building by Tenant; (b) remove from the Premises all Tenant's personal property and trade fixtures, and all property not so removed shall be deemed abandoned by Tenant; and (c) remove all alterations that Landlord shall, by written notice given has elected to Tenant, require Tenant to remove some ; and Tenant shall repair any damage and perform any restoration work caused by removal of any of the foregoing items. If such removal is not completed within the time periods required herein, Landlord shall have the right (but no obligation) to remove the same and Tenant shall be liable to Landlord for costs of removal of any abandoned trade fixtures or all equipment of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of alterations Tenant fails to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned remove if required by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shalltogether with the cost of returning the Premises to the condition required by this Lease, at its sole expense, remove all and the transportation and storage costs of such items and repair any damage items. All keys to the Premises or the Project caused by such removal. If Tenant fails any part thereof shall be surrendered to remove any such items or repair such damage promptly after the Landlord upon expiration or earlier sooner termination of the lease term. Normal wear and tear, for purposes of this provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which should have been attended to by Tenant in accordance with the requirements of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant agrees that on the last day of the Term, upon expiration or earlier on the sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord (a) in the same good condition as when received at the inception and repair (damage by acts of Cod, fire, and normal wear and tear excepted), but with all interior walls repaired and cleaned, any carpets and all floors vacuumed, all non-working light bulbs and ballasts replaced and all roll-up doors, docks, dock levelers and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h) of this Lease, subject to ordinary . Normal wear and tear. All Alterations tear shall become a part not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and shall become the property any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of Landlord upon its obligations under this Lease. On or before the expiration or earlier sooner termination of this Lease, unless Landlord shall, by written notice given to Tenant, require (i) Tenant to shall remove some or all of Tenant's AlterationsProperty (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 termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant expense to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant remove any or all Alterations and to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Any of Tenant's Property not so removed by Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant as required herein shall be deemed to have abandoned the sameand may be stored, in which case removed, and disposed of by Landlord may store the same at Tenant's expense (expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall pay 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 cost thereof upon demand), or appropriate Premises as the same for itself, and/or sell the same in its discretion, with no liability to Tenantproperty of Landlord.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after Upon the expiration or earlier termination of this Lease, Tenant shall be deemed peaceably leave and surrender the Premises to have abandoned Landlord broom clean and otherwise in the same, condition in which case Landlord may store the same at Tenant's expense (Premises are required to be maintained by the terms of this Lease, reasonable wear and tear excepted. Tenant shall pay surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or prior to expiration or earlier termination of this Lease all furnishings, fixtures and equipment situated thereon as well as those Alterations that are required to be removed pursuant to Section 16.5. Tenant shall, at its expense, on or prior to such expiration or earlier termination of this Lease, repair any damage caused by such removal. Any property not so removed, may be removed by Landlord and stored and/or retained or sold by Landlord and the cost thereof upon demand)of such removal, storage and disposition as well as the cost of repairing any damages caused by such removal, shall be paid by Tenant within thirty (30) days after Tenant’s receipt of written demand therefor and such sums shall accrue interest at the Default Rate from the date incurred until paid in full. Tenant’s obligation under this Article 25 shall survive the expiration or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantearlier termination of this Lease.
Appears in 1 contract
Surrender. Except as provided in Subject to the provisions of Section 7.3 and in this Section 10.55.07 hereof, upon expiration on the Term Expiration Date (or earlier termination of this Lease), Tenant shall vacate quit and surrender possession of the Leased Premises to Landlord in the same as good order and condition as when received at they were in on the inception of this LeaseTerm Commencement Date, subject to ordinary reasonable wear and tear, taking by condemnation, casualty and repairs which are Landlord's responsibility excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Leased Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant following Tenant's vacation and the expiration Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations, in which event . If Tenant shall promptly remove prior fail to pay the date cost of storing any such expiration property after storage for thirty (30) days or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlordmore, Landlord may usesell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or retain all or thereafter be due to Landlord from Tenant under any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination terms of this Lease; and fourth, Tenant shallthe balance, at its sole expenseif any, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Subject to the provisions of Section 7.3 and in this Section 10.55.07 hereof, upon expiration on the Term Expiration Date (or earlier termination of this Lease), Tenant shall vacate quit and surrender possession of the Leased Premises to Landlord in the same as good order and condition as when received at they were in on the inception of this Leaseapplicable Term Commencement Date, subject to ordinary reasonable wear and tear, the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Leased Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations, in which event . If Tenant shall promptly remove prior fail to pay the date cost of storing any such expiration property after storage for thirty (30) days or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlordmore, Landlord may usesell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or retain all or thereafter be due to Landlord from Tenant under any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination terms of this Lease; and fourth, Tenant shallthe balance, at its sole expenseif any, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination On the last day of the Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall vacate peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as when received at the inception commencement of this Lease, subject to ordinary in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All Alterations alterations, additions and improvements (other than Tenant’s business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises. Common Areas shall become a part remain the property of Landlord and shall remain upon and be surrendered, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall remove all equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord upon shall have the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given option to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event effect said removals and Tenant shall promptly remove prior to pay Landlord, on demand, the cost of removal thereof with interest at the rate of ten (10%) percent per annum from the date of such expiration removal by Landlord, or termination the Alterations designated prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be so removed exclusive and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, be in addition to (and without prejudice to) any and all other remedies methods of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantsurrender.
Appears in 1 contract
Samples: Lease Agreement (Cellular Dynamics International, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender to Port the Premises to Landlord in the same condition as when received at the inception of this Leasegood order, subject to condition, and repair (except for ordinary wear and teartear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). All Alterations Ordinary wear and tear shall become a part of the Premises and shall become the property of Landlord upon the expiration not include any damage or earlier termination of this Lease, unless Landlord shall, deterioration that would have been prevented by written notice given to proper maintenance by Tenant, require or Tenant to remove some or otherwise performing all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failureLease. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the The Premises shall be surrendered clean, free of debris, waste, and remain Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the property date of Tenant; upon this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant shall, at its sole expensecost shall remove from the Premises, remove all such items and repair any damage to 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 or the Project caused by such removalas Port property. If Tenant fails to remove any such items the Premises are not surrendered at the end of the Term or repair such damage promptly after the expiration or earlier sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 13.4, Tenant shall continue to be deemed to have abandoned responsible for the same, in which case Landlord may store payment of Rent (as the same at Tenant's expense (may be increased pursuant to Section 26.3 below until the Premises are surrendered in accordance with these Sections, and Tenant shall pay Landlord Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the cost thereof upon demand)Premises including, without limitation, any loss or appropriate 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 same for itselfPremises to any such succeeding tenant or prospective tenant, and/or sell together with, in each case, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the same in its discretionacceptance of the keys to the Premises, with no liability shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to TenantTenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Except as provided On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Premises broom-clean in Section 7.3 good order, condition and in this Section 10.5repair, reasonable wear and tear, fire and other insured casualty and Acts of God excepted. On or before the Expiration Date or upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender Lease on a day other than the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this LeaseExpiration Date, Tenant shall, at its sole expense, remove all such items trade fixtures, personal property and repair any damage to equipment and signs from the Premises or the Project caused by such removal. If Tenant fails to remove and any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant property not removed shall be deemed to have abandoned been abandoned. Any damage caused in the sameremoval of such items shall be repaired by Tenant, in at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures, computer equipment, personal property and business equipment) which case shall have been made or installed by Landlord may store or Tenant upon the same Premises and all floor covering so installed shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at Tenant's expense (and the expiration or termination of this Lease. If the Premises is not surrendered on the Expiration Date or the date of termination, Tenant shall pay indemnify Landlord against loss or liability, claims, without limitation, made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the cost thereof upon demand), or appropriate Premises to Landlord at the same place then fixed for itself, and/or sell payment of rent and shall inform Landlord of combinations of any locks and safes on the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Lease (Mathstar Inc)
Surrender. Except as provided in Section 7.3 and in On the last day of the term of this Section 10.5Lease, or upon expiration or the earlier termination of this Lease, Tenant Lessee shall vacate and peaceably surrender the Premises to Landlord Lessor in good order, repair, and condition at least equal to the same condition as when received at the inception of this Leasedelivered to Lessee, subject to ordinary excepting only reasonable wear and teartear resulting from normal use, and damage by fire or other casualty covered by the insurance carried by Lessor. All Alterations movable fixtures, office equipment, and other personal property of Lessee shall become a part of the Premises and shall become remain the property of Landlord Lessee, and upon the expiration date or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to Lease may be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in from the Premises by Lessee, subject, however, to Lessor's lien for rent; provided, however, that Lessee shall be repair and remain the property of Tenant; upon the expiration or earlier termination of this Leaserestore in a good and workmanlike manner (reasonable wear and tear excepted), Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project Building caused by such removal. If Tenant fails Any of such movable fixtures, office equipment and other personal property no so removed by Lessee at or prior to remove any such items or repair such damage promptly after the expiration date or earlier termination of this Lease shall become the property of Lessor. All other property as a part of the premises attached or affixed to the floor, wall, or ceiling of the Premises (including wall-to-wall carpeting, paneling, or other wall covering) are the property of Lessor and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease by lapse of time or otherwise, Lessee hereby waiving all rights to any payment or compensation therefor. Notwithstanding anything herein to the contrary, Lessee's surrender of the Premise shall in no way affect Lessee's obligation to pay rent to the date of expiration of this Lease, Tenant shall be deemed to have abandoned whether or not the same, in which case Landlord may store amount of such obligation has been ascertained either as of the same at Tenant's expense (and Tenant shall pay Landlord date Lessee surrenders the cost thereof upon demand), Premises or appropriate as of the same for itself, and/or sell the same in its discretion, with no liability to Tenantdate of expiration of this Lease.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination On the last day of the Term of this Lease, or upon the sooner termination thereof, Tenant shall vacate peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall, upon Landlord's request, be removed, provided, however, Tenant shall not be required to remove the demising wall, if any, constructed pursuant to Section 2.01. Any such items that Landlord in has not requested Tenant remove shall remain the same condition property of Landlord and shall remain upon and be surrendered with the Leased Premises as when received a part thereof, without disturbance, molestation or injury at the inception termination of the Term of this Lease, subject whether by the lapse of time or otherwise, all without compensation or credit to ordinary wear and tearTenant. All Alterations shall become a part At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord upon shall have the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given option to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event effect said removals and Tenant shall promptly remove prior to pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such expiration or termination the Alterations designated demand by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may useor the prime interest rate established by the U.S. Bank, apply N.A., Madison, Wisconsin, or retain all its successors or any part assigns, whichever is higher. If, prior to surrender of the Security Deposit with respect Leased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and shall repair any damage to the Premises or the Project caused occasioned by such removalremovals. If Tenant fails to remove any such items or repair such damage promptly after within ten (10) days following the expiration or earlier termination date of Landlord's notice, Tenant shall pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease, . The delivery to Landlord at the place then fixed for the payment of rent of the keys and access cards to the Leased Premises shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under the terms of this Lease. This method of surrender shall not be exclusive and shall be deemed in addition to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantall other methods of surrender.
Appears in 1 contract
Surrender. Except as provided in (a) Subject to the provisions of Section 7.3 and in this Section 10.55.7 hereof, upon expiration on the Term Expiration Date (or earlier termination of this Lease), Tenant Xxxxxx shall vacate quit and surrender possession of the Leased Premises to Landlord in the same broom clean condition and as good order and condition as when received at they were in on the inception of this LeaseTerm Commencement Date, subject to ordinary reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Leased Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which event may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant.
(b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall promptly remove remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant or Current Tenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building in compliance with the National Electrical Code (collectively, “Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the date installation of the Wires (“Wire Restoration Work”). Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Xxxxxx’s reimbursement for or payment of such expiration costs or termination the Alterations designated by Landlord otherwise fails to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure 5.15(b), Landlord may apply all or any portion of Tenant to validly surrender the Premises. In Security Deposit toward the event payment of any failure of Tenant costs or expenses relative to perform its the Wire Restoration Work or Tenant’s obligations under this Section 10.5, in addition 5.15(b). The retention or application of such Security Deposit (if any) by Landlord pursuant to (and without prejudice tothis Section 5.15(b) any and all other remedies does not constitute a limitation on or waiver of Landlord, Landlord may use, apply ’s right to seek further remedy under law or retain all or any part equity. The provisions of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises this Section 5.15(b) shall be and remain the property of Tenant; upon survive the expiration or earlier sooner termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except Upon the termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Property, Tenant will at once surrender and deliver up the Property, together with all improvements thereon, to Landlord, broom clean1 in good order, condition and repair, ordinary wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and outside of the building and on the grounds comprising the Property. Any damage caused by removal of Tenant from the Property, including any damages caused by removal of Tenant's equipment as provided herein defined, shall be repaired by Tenant at its cost prior to the expiration of this Lease term. In the event any improvements or Tenant's equipment are not removed by Tenant at the time of the expiration' of this Lease tern,, Tenant shall pay rent until such improvements and fixtures and Tenant's equipment are removed. All additions, hardware, improvements, temporary or permanent, in Section 7.3 or upon the Property placed there by Tenant will become Landlord's property and in shall remain upon the Property upon such termination of this Section 10.5Lease by lapse of time or otherwise, upon expiration without compensation or earlier allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of such additions, hardware, or improvements and Tenant does make such removal by the termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Leaseor within ten (10) days after such request, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlordwhichever is later, Landlord may use, apply or retain all or remove the same and deliver the same to any part other place business of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned warehouse the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall agrees to pay Landlord the cost thereof upon of such removal, delivery and warehousing to Landlord on demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Building Lease (Surebeam Corp)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, Tenant shall vacate and surrender the Premises to Landlord in compliance with the same applicable provisions of Sections 12(b), 12(c) and 12(e) above and broom clean and in good order, condition as when received at the inception of this Leaseand repair, subject to ordinary wear and tear, damages for which Landlord is responsible under this Lease, and casualty loss and condemnation excepted. All Any Tenant's Property, Extraordinary Fixture, Tenant-Made Alterations shall become a part of the Premises and shall become the property of Landlord upon Tenant's Trade Fixtures not removed by Tenant as permitted or required herein on the expiration or earlier within 15 days after the termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant Lease shall be deemed to have abandoned the sameand may be stored, in which case removed, and disposed of by Landlord may store the same at Tenant's expense (except that any Tenant-Made Alterations, any Extraordinary Fixtures, any Tenant's Trade Fixtures and any items of Tenant's Property that Tenant was not required to remove and that Landlord so stores, removes or disposes of shall be stored, removed and disposed of at Landlord's expense, rather than at Tenant's expense), and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant and Landlord hereunder not fully performed as of the termination of the Lease Term shall pay Landlord survive the cost thereof upon demand)termination of the Lease Term, or appropriate including without limitation, indemnity obligations, payment obligations with respect to Additional Rent for the same for itself, and/or sell Common Area Land and obligations concerning the same in its discretion, with no liability to Tenantcondition and repair of the Premises.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 The Tenant shall provide and surrender to the landlord's possession of the extinguished facility so that the same terms and repairs will take place on the start date at the expiration of this Agreement or at the early termination set out in this Section 10.5Agreement. C) Removal and restoration. Any property not deleted at the expiration of this period shall be considered abandoned by the tenant and may be retained or disposed of by the landlord. The Tenant shall not improve lease rights or remove non-trade equipment and waive the Extinguished Facility, upon expiration except for normal wear and tear and fire or earlier other insured damage, on the same terms that the extinguished facility was required to enter the start date at the termination of the Tenant created by this Agreement. Fixtures and equipment installed by the tenant (check one) ☐ If the tenant is not the default in the performance of this Agreement, the tenant repairs all damage caused to the facility extinguished by the removal of such trading equipment and equipment; It may be deleted by the tenant. ☐ termination of this LeaseAgreement, all transaction equipment and equipment installed by the Tenant may not be removed by the Tenant. D) Assignment and subleting. (check one) ☐ not allowed to sublease. The Tenant does not assign this Agreement with any part or all of the Extinguished Facilities and does not make or permit any sublease or other transfer of all or all of the Extinguished Facilities. ☐ leases are permitted with the approval of the landlord. The Tenant shall vacate not assign, mortgage, transfer, sever any interest in this Agreement in whole or in part, or grant any license or concession in connection there without the prior written consent of the Landlord. Damage to the facility. With regard to damage to the facility: A) substantial damage. The property that constitutes an extinguished or extinguished facility is damaged or destroyed by fire or other casualties, and surrender the Premises to Landlord in cost of repairing or replacing the same condition one ☐ (check one), and then $_% of its exchange value ☐, within days after such casualties have occurred, terminates this Agreement on the basis of written notice. B) Partial damage. In the case of an extinct facility or real estateThe portions that make up the extinguished facility will be partially damaged or destroyed by fire or other casualties, and the cost of repairing or replacing the same (check one) ☐ %☐, of subsequent replacement values, and if the landlord does not choose to terminate this Agreement as when received at a result of substantial damages, the inception landlord shall repair the damage with reasonable dispatch after notice of this Leasesuch victim. However, subject the obligation of the landlord to ordinary wear and tear. All Alterations repair or restore ☐ (Check 1) shall become a not be limited to the restoration of the structural part of the Premises ☐ extinguished facility (confirmed one☐ and shall become not include repairing or repairing any equipment, improvements or other changes made by the property tenant in or in the ☐ facility in which the tenant has disappeared. Contrary to what is provided here, the obligation of Landlord upon the expiration landlord to repair or earlier termination rebuild shall be limited to the proceeds of fire insurance received by the landlord (less of the cost associated with the same collection) as a result of such victims. If the proceeds of fire insurance received by the landlord (which reduces the cost incurred by the landlord in collecting the same) are insufficient to rebuild the extinguished facility and/or property, the landlord shall have the option to terminate the lease if notified to the tenant within _ days after receipt of the entire net insurance to be paid in regards to such fire or casualties. C) Rent in the time of damage or destruction. If this Agreement terminates in the above way, the rent shall be allocated at the time of such casualty. If this Agreement does not terminate and the landlord chooses to restore or restore the extinguished facility, the rent paid by the tenant shall be fairly abolished on the basis of the square feet of the extinguished facility that can be used until the damage to the extinguished facility is repaired. However, there is no need to reduce the payment of any operating expenses in any case. Eminable domain. Regarding eminminion domain:
A) condemnation of the vanished establishment. If all or part of an extinguished facility is acquired or acquired by a public or quasi-public authority under the power or threat of a eminance domain, except for a temporary period of time, the lease term shall be suspended as of the period of ownership on that date. Facilities that have disappeared during the term of this LeaseAgreement, unless Landlord shallor any part therep, or more than _% of the physical or common areas, are taken by written notice given to Tenantcondemnation or rightsIn eminent domain, require Tenant to remove some or instead of private purchase, this Agreement and the period for which this Agreement was given, end with the sole option of the landlord, and if the landlord terminates, this agreement expires on the day that possession is taken by the worder, and the basic rent reserved here is allocated until that date and paid in full, and all of Tenant's Alterationsprepaid base rents will be paid in full until that date, in which event Tenant All upfront base rents shall promptly remove prior be repaid to the date landlord tenant. If the Landlord does not choose to cancel or terminate this Agreement in accordance with the fore provisions, the Landlord shall as much as possible reconstruct and restore as much as possible the facility that has terminated immediately before such up-and-coming, and this Agreement shall fairly allocate the payment of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply basic rent in accordance with the provisions of this Section 10.5 shall constitute Agreement during such restoration. The vanished facility took the bear to the total square foot of the facility, which disappeared shortly before such a failure shooting. However, in no event will the payment of Tenant operating costs be reduced, but the landlord's obligation to validly surrender restore or rebuild will be limited to an amount that does not exceed the Premisesrevenue earned from such take-out (less costly to collect the same). Despite the above, the net blame award received by the landlord must have the option to cancel and terminate this contract within _ days after the landlord receives a net re-accusation. B) Blame award. All compensation awarded or paid for the acquisition of all or part of an extinguished facility belongs to the property of the landlord and is property. Unless the tenant's award is reduced from the authority to condemn the landlord's award, there is nothing preventing the tenant from pursuing another award from the blame authority for taking the cost of moving or its personal property. Bankruptcies and bankruptcies. The appointment of a tenant who owns all or substantially all of the tenant's assets, or by the tenant or the person who constitutes the tenant, who constitutes the creditor's interest, tenant or tenant, or who constitutes the tenant for the benefit of the person who constitutes the tenant under the Bankruptcy, Bankruptcy, or Reorganization Act, constitutes a breach of this Agreement by the Tenant. In no event may this Agreement be assigned or assigned by the operation of law or voluntary or involuntary bankruptcy proceedings, and in no event shall this Agreement or any right or privilege under this Agreement be the asset of a tenant or person.Tenants under bankruptcy, bankruptcy, or reorganization procedures. Default. Default: A) Permissions for the default tenant. If the tenant waives or empties the leased facility, does not pay the rent at the time provided for in this Agreement, or is notified in writing by the landlord after _ days, the tenant shall not cure any failure other default in the performance of Tenant to perform its obligations under this Section 10.5Agreement (in order for the tenant to Unless you proceed to and continue until the default is cured), in addition to (any other rights or remedies that the landlord has in law or otherwise, the landlord shall have the right to re-move in and own the extinguished facility without prejudice to) any legal proceedings, from which all persons and all property shall be removed. If the landlord chooses to re-enter the country in accordance with this Agreement, or if the landlord is in possession in accordance with legal proceedings or in accordance with the notice provided by law, the landlord may terminate the tenant's rights under this Agreement and re-permit the facility or part thereo of that disposition in accordance with such period and other remedies of Landlord, Landlord may use, apply or retain all or any part conditions in such period and the exercise of the Security Deposit with respect landlord's discretion. With each such re-forgiveness, the Tenant shall immediately be liable for the payment to the landlord of the tenant's debts (excluding the rent in this document), the costs and expenses of such failurere-lending. All business In addition, the changes and trade fixturesrepairs incurred by the landlord and the amount of rent reserved in this Agreement, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in which is the Premises shall be and remain tenant's responsibility under the property of Tenant; upon the expiration or earlier termination provisions of this LeaseAgreement for such re-lease period, Tenant shall, at its sole expense, remove all exceed the amount agreed to be paid as rent by the new tenant of the extinguishing facility for the period of such items and repair any damage to the Premises or the Project caused by such removalre-lease. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demandB), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Commercial Lease Agreement
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall vacate have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and surrender the Premises to Landlord repair any damage caused by such removal in the same condition as when received at the inception of this Leasereceived, subject to broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseAny Trade Fixtures, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's -Made Alterations, in which event Non Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required herein shall promptly remove prior to the date be deemed abandoned and may be stored, removed, and disposed of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by and Tenant to strictly comply with the provisions waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of this Section 10.5 shall constitute a failure such property. All obligations of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part hereunder not fully performed as of the Security Deposit termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to such failure. All business Operating Expenses and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in obligations concerning the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items condition and repair any damage to of the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Leasereceived, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or any Tenant Parties, broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Sections 18 and 19 excepted. All Alterations Tenant shall become a part immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall become be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Lxxxxxxx’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the property termination of Landlord upon the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of this Leasethe Term, unless Landlord shallincluding, by written notice given to Tenantwithout limitation, require Tenant to remove some or all of Tenant's Alterationsindemnity obligations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its payment obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business Rent and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in obligations concerning the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items condition and repair any damage to of the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Lease Agreement (Alumis Inc.)
Surrender. 24.1 Except as otherwise provided in Section 7.3 this Lease, Tenant, on the last day of the Term, shall deliver all keys to Landlord and surrender and deliver up the Premises and all Improvements to the possession and use of Landlord without fraud or delay, free and clear of all lettings and occupancies other than subleases then terminable at the option of Landlord or subleases to which Landlord shall have specifically consented, and free and clear of all liens and encumbrances other than those, if any, presently existing or created or suffered by Landlord, without any payment or allowance whatever by Landlord on account of any Improvements on the Premises.
24.2 When furnished by or at the expense of Tenant or any subtenant, furniture, fixtures, and equipment may be removed by Tenant at or before this Lease terminates, provided, however, that the removal will not injure the Premises or the Improvements or necessitate changes in this Section 10.5or repairs to the same. Tenant shall pay or cause to be paid to Landlord the cost of repairing any damage arising from such removal and restoration of the Premises and/or the Improvements to their condition before such removal. Landlord shall also have the right to require Tenant to demolish and remove any buildings, upon expiration alterations or earlier improvements constructed on the Premises by Tenant, in which case Tenant will promptly do so, fill any excavation, and restore all damage caused by such removal
24.3 Any personal property of Tenant or any subtenant that shall remain on the Premises after the termination of this Lease, Lease and the removal of Tenant shall vacate and surrender or such subtenant from the Premises to Landlord in the same condition as when received may, at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies option of Landlord, be deemed to have been abandoned by Tenant or such subtenant and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may usesee fit, apply or retain all or any part of the Security Deposit with respect if Landlord gives written notice to Tenant to such failureeffect, such property shall be removed by Tenant at Tenant’s sole cost and expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items If this Lease terminates early for any reason other than the default of personal Tenant then,
24.4 Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant or installed by Tenant at its expense in the Premises any subtenant.
24.5 The provisions of this section shall be and remain the property of Tenant; upon the expiration or earlier survive any termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Ground Lease
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon 14.2.1. Upon the expiration or earlier termination of this Leasethe Term, the Tenant shall vacate and surrender the Premises to the Landlord in good order and repair (damages reasonably beyond the same condition as when received at the inception of this Lease, subject to Tenant's control and ordinary wear and teartear excepted), and broom clean; and
14.2.2. All Alterations any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Premises (a) shall become a part immediately upon the completion of the Premises installation thereof, be and shall become the Landlord's property of Landlord without payment therefore by the Landlord, and (b) shall be surrendered to the landlord upon the expiration or earlier termination of this Leasethe Term, unless Landlord shallexcept that any machinery, equipment or fixtures installed by written notice given to Tenant, require the Tenant to remove some or all and used in the conduct of the Tenant's Alterations, in which event Tenant shall promptly remove prior trade or business (rather than to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to service the Premises or any of the Project caused remainder of the Building or the Property generally) shall remain the Tenant's property and shall be removed by such removal. If the Tenant fails to remove any such items or repair such damage promptly within five (5) days after the expiration or earlier termination of this Leasethe term, and the Tenant shall promptly thereafter fully restore any of the Premises or the Building damaged by such installation or removal thereof. All such machinery, equipment or fixtures installed by Tenant and all furniture, inventory and effects on the Premises after the end of such five day period will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by the same, in which case Landlord may store without written notice to the same at Tenant's expense (Tenant or any other person and without obligation to account for such property. The Tenant shall pay the Landlord for all expenses incurred in connection with the storage or the removal of such property, including, but not limited to the cost thereof upon demand)of repairing any damage to the building or Premises caused by the removal of such property. The Landlord shall not be responsible for the care or safekeeping of such property, and the Tenant hereby waives any and all loss, destruction and/or damage or appropriate injury which may be occassioned by any of the same for itself, and/or sell aforesaid acts. Lessor's obligation to observe and perform this covenant will survive the same in its discretion, with no liability to Tenantexpiration or other termination of the Lease.
Appears in 1 contract
Samples: Lease Agreement (Integrated Information Systems Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant shall on the last day of the Term, or upon expiration or any earlier termination of this Lease, quit and peacefully surrender and deliver up the Premises, including the Tenant Improvements and all other improvements to the Premises, to the possession and use of the Landlord without delay and in good order, condition and repair (excepting only reasonable wear and tear and damage from a Taking or from a fire or other casualty after the last repair, replacement, restoration or renewal required to be made by Tenant, all as provided under this Lease) and in accordance with the Brand Standards. The Premises shall vacate at that time be free and surrender the clear of all leases and occupancies, except as may be permitted under this Lease. The Premises to Landlord in the same condition as when received shall be surrendered free and clear of all liens and encumbrances other than those existing at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part commencement of the Premises Term, or created or suffered by the Landlord or permitted hereunder and shall become be surrendered without any payment by the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure on account of Tenant to validly surrender Improvements or any other improvements which may be on the Premises. In the event of Upon or at any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly time after the expiration or earlier termination of this Lease, subject to the rights of any subtenant or other occupant under a non-disturbance and attornment agreement executed by the Landlord and such subtenant or occupant pursuant to Section 11.02, the Landlord may, 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 receive all income from the same. Upon termination of this Lease, whether at the end of the Term or upon any earlier termination, all Building Equipment, and the portion of the FF&E located on the Hotel portion of the Premises and other personal property then located on the Hotel portion of the Premises shall be surrendered to and become the property of the Landlord. Notwithstanding the foregoing, upon the expiration of the Term or upon an earlier termination of the Lease for any reason other than an Event of Default, FF&E in the Casino and other movable personal property and trade fixtures installed at the expense of Tenant or any sublessee, but excluding any Building Equipment or Hotel Property, may be removed by Tenant or such sublessee, and shall not be deemed to be attached to the freehold nor the property of, nor surrendered to, Landlord, provided that the removal of any such property does not structurally injure the Tenant Improvements, necessitate changes in the Tenant Improvements or render the Tenant Improvements or any part thereof unfit for use and occupancy. Tenant shall pay the cost of repairing any damage to the Premises or Tenant Improvements arising from the removal of such property, and such obligation shall survive the Term. All such property not so removed by the expiration or earlier termination of the Term shall be deemed abandoned by Tenant and sublessees, and may be retained by Landlord as its property or disposed of in such manner as Landlord sees fit with the right to have abandoned retain any proceeds therefrom as its own. Within one (1) year prior to the same, in which case Landlord may store end of the same at Tenant's expense (and Term. Tenant shall pay provide Landlord the cost thereof with a list of FF&E and other movable personal property and trade fixtures that Tenant intends to remove upon demand), expiration or appropriate the same earlier termination of this Lease for itself, and/or sell the same in its discretion, with no liability to Tenantany reason other than an Event of Default.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon expiration or earlier termination of this Lease, Lease Tenant shall vacate and surrender to Port the Premises to Landlord and all Alterations and Improvements thereon in the same condition as when received at the inception of this Leasegood order, subject to condition, and repair (except for ordinary wear and teartear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). All Alterations The Premises shall become a part be surrendered free and clear of the Premises all liens and shall become the property encumbrances other than liens and encumbrances existing as of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration this Lease and any other encumbrances created by Port. On or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant's Property, including any signage from the Premises, and repair any damage caused by such removal, and (ii) all Alterations constructed by Tenant (unless Tenant was notified in writing by Port that such Alterations may remain on the Premises upon Tenant's surrender of the Premises) and repair any damage caused by such removal. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed to have abandoned the sameand may be stored, in which case Landlord may store the same removed, and disposed of by Port at Tenant's expense sole cost and expense, and Tenant waives all Claims against Port for any damages resulting from Port's retention, removal and disposition of such property; provided, however, that Tenant shall remain liable to Port for all costs incurred in storing, removing and disposing of such abandoned property of Tenant. Tenant shall promptly remove such items and shall repair, at no cost to Port, any damage to the Premises or the Facility resulting from such removal, or if Tenant fails to repair, Port may do so, at Tenant's expense. All Alterations except those which Port requires Tenant to remove shall remain in the Premises as the property of Port. Ordinary 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. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 15.3 above, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 below (Holdover) until the Premises are so surrendered in accordance with said Sections, and Tenant shall pay Landlord indemnify, defend and hold Port harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the cost thereof upon demand)Premises including, without limitation, any loss or appropriate 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 same for itselfPremises to any such succeeding tenant or prospective tenant, and/or sell together with, in each case, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the same in its discretionacceptance of the keys to the Premises, with no liability shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease. Tenant's obligation under this Section 25.1 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration Upon the Expiration Date or earlier termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture. Without limiting the foregoing, Subtenant shall vacate remove from the Subleased Premises all of its personal property, furniture, furnishings, and surrender the Premises to Landlord in the same condition as when received at the inception of this Leaseequipment, subject to ordinary wear and tear. All Alterations shall become a part repair all damage resulting from such removal or its use of the Premises and shall become the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property of Landlord upon or perform any required repairs or restoration prior to the expiration or earlier termination of this LeaseSublease, unless Landlord shallthen Sublandlord, at Subtenant’s sole cost and expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any and all costs and expenses incurred by written notice given Sublandlord (whether directly or as a pass-through) to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of cause such expiration or termination the Alterations designated by Landlord property to be so removed and shall promptly restorerepairs and restorations made, patch together with any and repair any resulting damage, all at Tenant's sole expense, damages which Sublandlord may suffer and sustain by reason of Subtenant’s failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under set forth in this Section 10.5Section, in addition plus a [***] percent ([***]%) administration fee. Subtenant’s obligations to (perform and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises observe this covenant shall be and remain the property of Tenant; upon survive the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantSublease.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination No act by Landlord shall be deemed an acceptance of this Lease, Tenant shall vacate and a surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises Premises, and shall become the property no agreement to accept a surrender of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be valid unless it is in writing and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused signed by such removalLandlord. If Tenant fails to remove any such items or repair such damage promptly after At the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord all keys (including any electronic access devices and the like) to the Premises, and Tenant shall deliver to Landlord the Premises in substantially the same condition as originally received, ordinary wear and tear excepted, provided that ordinary wear and tear shall not include repair and clean up items. By way of example, but without limitation, repair and clean up items shall include cleaning of all interior walls and floors, replacement of damaged or missing ceiling or floor tiles, window coverings or cover plates, removal of any Tenant-introduced markings, repair of all holes and gaps and repainting required thereby, the removal of any storage tanks installed by Tenant or any Tenant Party, the removal and full remediation of any soil, material or ground water contamination by Tenant or any Tenant Party in accordance with all Regulations and all requirements hereunder, as well as the removal requirements below. In addition, prior to the expiration of the Term or any sooner termination thereof, (a)Tenant shall remove from the Premises all unattached trade fixtures, furniture, equipment and personal property located in the Premises, including, without limitation, phone equipment, wiring, cabling and all garbage, waste and debris, and (b) Tenant shall repair all damage to the Premises caused by any such removal including, without limitation, full restoration of all holes and gaps resulting from any such removal and repainting required thereby. All personal property and fixtures of Tenant not so removed shall, to the extent permitted under applicable Regulations, be deemed to have been abandoned the sameby Tenant and may be appropriated, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand)sold, stored, destroyed, or appropriate the same otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for itself, and/or sell the same in its discretion, with no liability to Tenantsuch items.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon The LESSEE shall at the expiration or other termination of this Lease remove all LESSEE’S goods and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR 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, in the same condition as they were at the Effective Date, or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. In the event of the LESSEE’S failure to remove any of the LESSEES’ property from the Leased Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due thereunder, or to destroy such property. For each day after the expiration of the Term, or the earlier termination of this Lease, Tenant and prior to LESSEE’s performance of its obligations to yield up the Leased Premises under this Article, LESSEE shall vacate and surrender the Premises pay to Landlord in the same condition LESSOR as when received at the inception of this Lease, subject Rent an amount equal to ordinary wear and tear. All Alterations shall become a part one hundred ten percent (110%) of the Base Rent computed on a daily bases, together with all Additional Rent payable with respect to each such day. LESSEE shall further indemnify LESSOR against all loss by the payment of reasonably costs and damages resulting from LESSEE’s delay in surrendering the Leased Premises and shall become the property of Landlord upon as above provided for more than thirty (30) days after the expiration of the Term, or the earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Commercial Lease (Zafgen, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's ’s sole expense, failure . Failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's ’s expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant shall, upon expiration or earlier sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at existed on the inception of this Lease, subject to ordinary Commencement Date (reasonable wear and tear. All Alterations shall become a part of , losses due to casualty and condemnation and Landlord’s repair obligations excepted) with all holes in walls repaired, all HVAC equipment in good operating order and in good repair (reasonable wear and tear, losses due to casualty and condemnation and Landlord’s repair obligations excepted), and the Premises and shall become in broom clean condition, all to the property reasonable satisfaction of Landlord upon Landlord. In addition, prior to the expiration or earlier termination of this LeaseLease Tenant shall: (a) upon Landlord’s request, unless remove all telephone and other cabling installed in the Building by Tenant; (b) remove from the Premises all Tenant’s personal property and trade fixtures, and all property not so removed shall be deemed abandoned by Tenant; and (c) remove all alterations that Landlord shall, by written notice given has elected to Tenant, require Tenant to remove some ; and Tenant shall repair any damage and perform any restoration work caused by removal of any of the foregoing items. If such removal is not completed within the time periods required herein, Landlord shall have the right (but no obligation) to remove the same and Tenant shall be liable to Landlord for costs of removal of any abandoned trade fixtures or all equipment of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of alterations Tenant fails to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned remove if required by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shalltogether with the cost of returning the Premises to the condition required by this Lease, at its sole expense, remove all and the transportation and storage costs of such items and repair any damage items. All keys to the Premises or the Project caused by such removal. If Tenant fails any part thereof shall be surrendered to remove any such items or repair such damage promptly after the Landlord upon expiration or earlier sooner termination of the lease term. Normal wear and tear, for purposes of this provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which should have been attended to by Tenant in accordance with the requirements of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5On the last day of the term, or upon expiration or earlier sooner termination of this Lease, the Tenant shall vacate and surrender to the Landlord the Premises to Landlord and all Tenant's improvements and alterations, broom clean, maintained and repaired in accordance with Paragraph 8 hereof, and otherwise in the same condition as when received at the inception of this Leasereceived, subject to ordinary except reasonable wear and tear. All Alterations shall become a part of tear and except for improvements and alterations that the Premises and shall become Tenant has the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant right to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with under the provisions of this Section 10.5 Lease. The Tenant shall constitute remove all of its personal property within the above stated time, but any such removal shall not affect the Landlord's lien on such personal property until all amounts owing by the Tenant hereunder are paid in full. The Tenant shall promptly perform all restoration made necessary by the removal of any improvements or alterations or Tenant's personal property within the time periods stated in this paragraph. The Tenant shall promptly repair any physical damage to the Premises arising as a failure result of Tenant to validly surrender the Tenant's vacation of the Premises. In The Landlord can elect to retain or dispose of in any manner any improvements or alterations or the event of any failure of Tenant’s personal property that the Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply does not remove from the Premises on expiration or retain all or any part termination of the Security Deposit with respect term as allowed or required by this Lease by giving at least ten (10) days’ written notice to the Tenant. Title to any such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of improvements or alterations or the Tenant’s personal property owned by Tenant that the Landlord elects to retain or installed by Tenant at its expense dispose of on expiration of the ten (10) day period shall vest in the Premises shall be and remain Landlord. The Tenant waives all claims against the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair Landlord for any damage to the Premises Tenant resulting from the Landlord’s retention or the Project caused by such removal. If Tenant fails to remove disposition of any such items or repair such damage promptly after alterations of the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant’s personal property.
Appears in 1 contract
Samples: Triple Net Month to Month Real Property Lease (Earthshell Corp)
Surrender. Except as provided in Section 7.3 Tenant covenants and in this Section 10.5, agrees to surrender possession of the Premises upon expiration or earlier termination of this LeaseLease (whether by termination, Tenant shall vacate and surrender expiration or otherwise) in as good condition as on the Premises to Landlord Commencement Date (or in the same condition case of improvements or alterations made or fixtures installed subsequent thereto, then as when received at of the inception of this Leasedate such improvements, subject to ordinary alterations, or fixtures were made or installed), reasonable wear and tear, and damage from casualty as described in Article 11 which results in the termination of this Lease and repairs which are the responsibility of the Authority, excepted. All Alterations No act or thing done by the Authority during the Term shall become be deemed an acceptance of a part surrender of the Premises and no agreement to accept such surrender shall become be valid, unless in writing signed by the property Authority. The delivery of Landlord upon keys to any employee of the expiration Authority or earlier of the Authority’s agents shall not operate as a termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some Lease or all a surrender of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to If upon such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any personal property or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or before the Expiration Date, the Authority may, but without the obligation to do so, remove said personal property or trade fixtures and hold it for the owners thereof or may place the same in a public warehouse, all at the expense and risk of the owners thereof. Tenant shall reimburse the Authority for any reasonable expense incurred by the Authority in connection with such items removal and storage. Tenant shall indemnify, release and hold harmless the Authority from any and all damage, costs and expenses related to said removal or repair storage. In addition, the Authority shall have the right, but not the obligation, to dispose of such damage promptly after property as waste or sell such stored property and the expiration proceeds of such sale shall be applied, first, to the cost of the sale, second, to the payment of charges for storage and removal, third, to the payment of Rent, Additional Rent or earlier termination any other obligation which may then be due from Tenant to the Authority and the balance, if any, shall be retained by the Authority. In the event the expenses of this Leasesuch removal, storage, disposal and sale shall exceed the proceeds of sale, Tenant shall be deemed pay such excess to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof Authority upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Office Space Lease
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon On expiration or earlier early termination of this Lease, Tenant shall vacate deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good operating condition, all signing removed and defacement corrected, all repairs called for under this Lease completed, all interior walls repaired if damaged, all broken, marred or nonconforming acoustical ceiling tiles replaced, all interior windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned, all to Landlord the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of the Lease Term. Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as when received at the inception Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from such removal. Failure to remove said property shall be an abandonment of same, and Landlord may remove and/or dispose of it in any manner permitted under law without liability, and Tenant shall be liable to Landlord for any costs of removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of ten percent (10%), together with interest on ail such expenses and fees at the interest rate provided in Paragraph 25.2, The provisions of this LeaseParagraph 17.1 (including, subject to ordinary wear and tear. All Alterations without limitation, all provisions referenced herein) shall become a part of the Premises and shall become the property of Landlord upon survive the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Sublease (Minerva Surgical Inc)
Surrender. Except as provided in Section 7.3 and in 24.01 On the last day of the term of this Section 10.5Lease, or upon expiration or any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall vacate quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease and shall restore the same condition Demised Premises wherever such removal results in damage thereto. If Tenant shall remain in possession of the Demised Premises after the end of the term of the Lease, no tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as when received at a consent by Landlord to the inception possession by Tenant of the Demised Premises beyond the Expiration Date; provided, however, such holdover shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions, and obligations of this Lease, subject except that the fixed rent to ordinary wear and tear. All Alterations be charged to Tenant during such holdover period shall become a part be the 200% of the monthly fixed rent in effect for the last month of the term of the Lease or any applicable renewal period. In addition, if Tenant fails to surrender the Demised Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, then in addition to (any other liability to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without prejudice to) any and all other remedies of Landlordlimitation, Landlord may usereasonable attorney fees, apply or retain all or any part resulting from such failure to vacate, including, without limiting the generality of the Security Deposit with respect foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Lease (Aveta Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of At the end of the term of this Lease, Tenant shall vacate and Leased Space surrender the Premises Leased space to Landlord Landlord, together with all alterations, additions and improvements thereto, in the same broom clean condition as when received at the inception of this Lease, subject to and in good order and repair except for ordinary wear and teartear and damage for which Tenant is not obligated to make repairs under this Lease. All Alterations shall become a part Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the Premises and terms hereof, Tenant shall become have the property right at the end of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant term hereof to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of trade fixtures or other personal property owned by Tenant or installed by Tenant at its expense placed in the Premises shall be and remain the property of Leased Space by Tenant; upon the expiration or earlier termination of this Lease, provided that Tenant shall, at its sole expense, remove all such items and repair promptly repairs any damage to the Premises or the Project Leased Space caused by such removal. Tenant shall repair all damage to the Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or hereafter in effect in Pennsylvania. If Tenant fails shall fail to remove any such items of its equipment, furniture, trade fixtures or repair such damage promptly after the expiration or earlier termination of this Leaseother personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may remove and store the same at Tenant's the expense (and of Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same on behalf of Tenant at public or private sale in its discretionsuch manner as is commercially reasonable, with no liability any proceeds thereof to be first applied to the costs and expenses, including attorney's fees, of the storage and sale and the payment of any amounts owed hereunder by the Tenant.
Appears in 1 contract
Samples: Lease (Antares Pharma Inc /Mn/)
Surrender. Except Upon the termination of this Lease in any manner whatsoever, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as provided in Section 7.3 good order and in condition as at the inception of the term of this Section 10.5Lease or as the same hereafter may be improved by Landlord or Tenant, upon expiration or earlier reasonable use and wear thereof, damage from fire and other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and at Landlord's option, be conclusively deemed to have been conveyed by Tenant shall vacate and surrender the Premises to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and effects not removed by Tenant, in Landlord's sole and absolute discretion, the same condition as when received at cost thereof to be charged to Tenant. Landlord shall not be responsible for the inception value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this Lease, subject to ordinary wear and tearsubparagraph. All Alterations shall become a part of Upon the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseLease in any manner whatsoever, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior return to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord may use, apply with any combinations or retain all or any part of the Security Deposit safe keys with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in any secured areas within the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantDemised Premises.
Appears in 1 contract
Samples: Office Lease (I Trax Com Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier Upon the termination of this Lease, Tenant shall vacate and peaceably surrender the Premises to Landlord in the same condition as when in which they were received from Landlord at the inception commencement of this Lease, subject except as altered as permitted or required by this Lease. Tenant shall remove from the Premises prior to ordinary wear and tearor within a reasonable time after such termination (not to exceed thirty (30) days) all its property that is capable of removal without causing damage to the Premises, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. All Alterations Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition of and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a part of default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure Landlord. Any holding over by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred twenty-five percent (125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, Tenant any holding over without Landlord's consent shall be deemed to have abandoned the sameentitle Landlord, in which case Landlord may store the same addition to collecting Basic Rent at Tenant's expense a rate of one hundred twenty-five percent (125%) thereof, to exercise all rights and Tenant shall pay Landlord the cost thereof upon demand), remedies provided by law or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantequity.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5Subject to the provisions of Article 8 hereof, upon expiration on the Expiration Date (or earlier termination of this Lease), Tenant shall vacate quit and surrender possession of the Premises to Landlord in the same as good order and condition as when received at they were in on the inception of this LeaseCommencement Date, subject to ordinary reasonable wear and tear, taking by condemnation and repairs which are Landlord’s responsibility excepted, and damage from casualty to improvements other than the Tenant Improvements and other improvements paid for from allowances provided by Landlord excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant by the expiration Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which event may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. If Tenant did not elect pursuant to the Work Letter to cause Landlord to demolish the second floor server room, then at the termination or earlier expiration of the Lease Tenant shall promptly remove surrender to Landlord the equipment which was located in such room immediately prior to the date commencement of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part construction of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantImprovements.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall vacate have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and surrender the Premises to Landlord repair any damage caused by such removal in the same condition as when received at the inception of this Leasereceived, subject to broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseAny Trade Fixtures, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's -Made Alterations, in which event Non-Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required herein shall promptly remove prior to the date be deemed abandoned and may be stored, removed, and disposed of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by and Tenant to strictly comply with the provisions waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of this Section 10.5 shall constitute a failure such property. All obligations of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part hereunder not fully performed as of the Security Deposit termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to such failure. All business Operating Expenses and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in obligations concerning the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items condition and repair any damage to of the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Surrender. Except On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant will peaceably surrender the Premises in good order, condition and repair (reasonable wear and tear only excepted); in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant will, at its expense, remove all trade fixtures, personal property and equipment and signs from the Premises and any property not removed will be deemed to have been abandoned. Any damage caused in the removal of such items will be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which have been made or installed by Landlord or Tenant upon the Premises and all floor covering so installed will remain upon and be surrendered with the Premises as provided in Section 7.3 a part thereof, without disturbance, molestation or injury, and in this Section 10.5without charge, upon at the expiration or earlier termination of this Lease. If the Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall vacate and will indemnify Landlord against loss or liability, claims, without limitation, made by any succeeding tenant founded on such delay. Tenant will promptly surrender all keys for the Premises to Landlord in the same condition as when received at the inception place then fixed for payment of this Lease, subject to ordinary wear rent and tear. All Alterations shall become a part will inform Landlord of the Premises combinations of any locks and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender safes on the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Commercial Lease (Aetrium Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier (a) Upon the termination of this Lease, Tenant shall vacate and peaceably surrender the Premises to Landlord in the same condition as when in which they were received from Landlord at the inception commencement of this Lease, subject to except as altered as permitted or required by this Lease and except for ordinary wear and teartear and damage due to condemnation and casualty. All Alterations Provided that Tenant is not in default hereunder, Tenant shall remove from the Premises prior to such termination all property not owned by Landlord, and, at Tenant’s expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become a part the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease, all fixtures, including, but not limited to, the heating, ventilation and air conditioning systems shall remain on the Premises and shall become the property of Landlord, except as provided in Paragraph 11 hereof.
(b) Tenant shall pay Landlord upon for each day Tenant retains possession of the expiration Premises or earlier any part thereof after termination of this Lease, unless Landlord shallby lapse of time or otherwise, by written notice given an amount equal to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to one hundred fifty percent (and without prejudice to150%) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items amount of personal property owned by Tenant or installed by Tenant at its expense in rent for a day based on the Premises shall be and remain annual rate of Basic Rent applicable under Section 5 on the property last day of Tenant; upon the expiration or earlier termination immediately preceding term of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant Nothing herein shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), construed or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantoperate as a waiver of Landlord’s right of re-entry or any other right of Landlord.
Appears in 1 contract
Surrender. Except 1. The Lessee covenants to Lessor to deliver up and surrender to the Lessor possession of the Leased Premises upon expiration of this Lease or its earlier termination as provided in Section 7.3 herein provided, broom clean and in this Section 10.5, upon expiration or earlier termination as good condition and repair as the same shall be at the commencement of the Term of this Lease, Tenant or may have been put by the Lessor during the continuance thereof, ordinary wear and tear, or damage caused by Lessor excepted. Acceptance of delivery of the Leased Premises or opening same for business shall vacate be deemed conclusive evidence that the Leased Premises were in good condition and surrender the Premises to Landlord in the same condition as when received repair at the inception commencement of the Term of this Lease, subject excepting items noted as per Exhibit D.
2. The Lessee shall at Lessee’s expense remove all alterations, additions and improvements as to ordinary wear which the Lessor shall have made the election hereinbefore provided, repair all damage to the Leased Premises caused by such removal and tear. All Alterations shall become a part of restore the Leased Premises and shall become to the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, condition in which event Tenant shall promptly remove they were prior to the date installation of such expiration or termination the Alterations designated by Landlord to be articles so removed, normal wear and tear excepted. Any property not so removed and as to which the Lessor shall promptly restorehave not made said election, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have been abandoned by the sameLessee and may be retained or disposed of by the Lessor, in as the Lessor shall desire. The Lessee’s obligation to observe or perform this covenant shall survive the expiration of the Term of this Lease. It is expressly understood that this paragraph does not include the initial Improvements, which case Landlord need not be removed upon termination of this Lease.
3. An Assignment for the benefit of creditors or by operation of law shall not be effective to transfer any rights to assignee without the written consent of Lessor first having been obtained, such consent not to be unreasonably withheld.
4. In the event that Lessee shall fail or refuse to vacate the Leased Premises at the end of the Term, unless doing so within the option to renew pursuant to Article XXV, the Minimum Monthly Rent shall be 150% of the Minimum Monthly Rent from the immediately preceding year. All powers granted to the Lessor by this Lease may store be exercised and all obligations imposed upon the same at Tenant's expense (and Tenant Lessee by this Lease shall pay Landlord be performed by the cost thereof upon demand), or appropriate Lessee as well during any extension of the same for original Term of this Lease as during the original Term itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier Upon the termination of this Lease, Tenant shall vacate and peaceably surrender the Premises to Landlord in the same condition as when in which they were received from Landlord at the inception commencement of this Lease, subject to except as altered as permitted or required by this Lease and except for ordinary wear and tear. All Alterations shall become , and in the condition of a part class A office building of similar size, use, appearance and occupancy located in the Dallas/Fort Worth greater metropolitan area; provided, however, that the condition of the Premises surrendered upon termination may not be the same as received from Landlord at the commencement of this Lease to the extent of any construction in progress at the time of the execution of this Lease, and the Premises shall be in sound, completed condition, in good order and broom clean upon termination and without any construction then being in progress. So long as Tenant is not in default hereunder, Tenant may remove from the Premises, prior to or within a reasonable time (not to exceed thirty (30) days) after the expiration or termination of the Term of this Lease, all property owned by Tenant, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not removed within said thirty (30) day period (including, without limitation, any trade fixtures of Tenant) shall become the property of Landlord. Landlord may, after the expiration of such thirty (30) day period, cause such property to be removed and the cost of removal and disposition, as well as the cost of repairing any damage caused by such removal, shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination or expiration of this Lease, all fixtures, excluding Tenant's trade fixtures timely removed as hereinbefore described, but including, without limitation, the heating, ventilation and air conditioning systems, shall remain on the Premises at all times and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the Landlord. The provisions of this Section 10.5 25 shall constitute a failure of Tenant to validly surrender the Premises. In the event of survive any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply termination or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall vacate have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and surrender the Premises to Landlord repair any damage caused by such removal in the same condition as when received at the inception of this Leasereceived, subject to broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseAny Trade Fixtures, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's -Made Alterations, in which event Non-Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required -10- <PAGE> herein shall promptly remove prior to the date be deemed abandoned and may be stored, removed, and disposed of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by and Tenant to strictly comply with the provisions waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of this Section 10.5 shall constitute a failure such property. All obligations of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part hereunder not fully performed as of the Security Deposit termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to such failure. All business Operating Expenses and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in obligations concerning the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items condition and repair any damage to of the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination On the last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall vacate peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as when received at the inception commencement of this Lease, subject to ordinary in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All Alterations alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall become remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may, if not then in default, remove all personal property (not including trade fixtures) not attached to the Leased Premises, and signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord upon shall have the expiration option to effect removal of such personal property and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or earlier the prime interest rate established by the Firstar Bank Madison, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the Leased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals and Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, a the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, unless Landlord shallshall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by written placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice given to Tenant, require and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the PremisesLandlord. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this LeaseThe foregoing notwithstanding, Tenant shall be deemed entitled to have abandoned remove property from the sameLeased Premises subsequent to such termination, in which case after written request therefor has been provided to Landlord may store specifying the same at Tenantitems to be removed. Landlord shall allow such removal to the extent the value of property remaining subject to Landlord's expense (lien reasonably secures all amounts due Landlord. The rights of holders of liens superior to the lien provided for herein shall be recognized by Landlord consistent with applicable laws and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantstatutes.
Appears in 1 contract
Samples: Lease Agreement (Hagler Bailly Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon On expiration or earlier early termination of this Lease, Tenant shall vacate deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good operating condition, all signing removed and defacement corrected, all repairs called for under this Lease completed, all interior walls repaired and repainted if marked or damaged, all carpets steam cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned, all to Landlord the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of the Lease Term, Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as when received at the inception Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear and tear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from such removal. Failure to remove said property shall be an abandonment of same, and Landlord may remove and/or dispose of it in any manner permitted under law without liability, and Tenant shall be liable to Landlord for any costs of removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of [***] percent ([***]%), together with interest on all such expenses and fees at the interest rate provided in Paragraph 25.2. The provisions of this LeaseParagraph 17.1 (including, subject to ordinary wear and tear. All Alterations without limitation, all provisions referenced herein) shall become a part of the Premises and shall become the property of Landlord upon survive the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Lease (Outset Medical, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant agrees that on the last day of the Term, upon expiration or earlier on the sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord (a) in the same good condition as when received at the inception and repair (damage by acts of this LeaseGod, subject to ordinary fire, and other casualty, condemnation and normal wear and teartear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). All Alterations Normal wear and tear shall become a part not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and shall become the property any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of Landlord upon its obligations under this Lease. On or before the expiration or earlier sooner termination of this Lease, unless Landlord shall, by written notice given to Tenant, require (i) Tenant to shall remove some or all of Tenant's Alterations’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 termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations, and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall promptly remove prior remain liable to the date Landlord for all costs incurred in storing and disposing of such expiration or termination the abandoned property of Tenant. All Alterations designated by except those which Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by requires Tenant to strictly comply remove (including those which Tenant is required to remove pursuant to Paragraph 12(i) below) shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 10.5 Paragraph 11 and Paragraph 32(h) below, Tenant shall constitute a failure continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5shall indemnify, in addition to (defend and without prejudice to) hold Landlord harmless from and against any and all other remedies of Landlordloss 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 may use, apply made by any succeeding tenant or retain all prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any part portion of the Security Deposit with respect Premises to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items succeeding tenant or repair such damage promptly after the expiration or earlier termination of this Leaseprospective tenant, Tenant shall be deemed to have abandoned the sametogether with, in which case Landlord may store the same at Tenant's expense (each case, actual attorneys’ fees and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantcosts.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5(a) Subject to the terms of Paragraph 21(b) below, upon expiration termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Leasereceived, subject to broom clean, and in compliance with Addendum 3 attached hereto, ordinary wear and teartear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. All Any Trade Fixtures and Tenant-Made Alterations shall become a part not removed by Tenant as permitted or required herein, and any inventory, goods, equipment or other personal property remaining in the Premises following the termination of the Premises and shall become the property of Landlord upon the expiration Lease Term or earlier termination of this LeaseTenant's right of possession, unless shall be deemed abandoned and may either, at Landlord's option, (i) be stored, removed, sold and disposed of by Landlord shallat Tenant's expense, or (ii) be conclusively deemed to have been conveyed by written notice given to Tenant, require Tenant to remove some Landlord by bixx xf sale with general warranty of title without further payment or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated credit by Landlord to be so removed and shall promptly restore, patch and repair Tenant. Tenant waives all claims against Landlord for any damages resulting damage, all at Tenantfrom Landlord's sole expense, failure by Tenant to strictly comply with the provisions retention and/or disposition of this Section 10.5 shall constitute a failure such property. All obligations of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part hereunder not fully performed as of the Security Deposit termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to such failure. All business Operating Expenses and trade fixtures, machinery obligations concerning the condition and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling repair of the Premises.
(b) Landlord and items tenant acknowledge and agree that the space plans attached hereto as Exhibit A-1 generally show the layout of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be prior to improvements performed by the tenant under the L-3 Lease, and remain that Landlord has the property of Tenant; right to require L-3 to perform certain removal and repair obligations upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.L-3
Appears in 1 contract
Samples: Industrial Lease Agreement (Optex Systems Holdings Inc)
Surrender. Except Upon the termination of this Lease in any manner whatsoever, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as provided in Section 7.3 good order and in condition as at the inception of the term of this Section 10.5Lease or as the same hereafter may have been improved by Landlord or Tenant; reasonable use and wear thereof, upon expiration or earlier damage from fire and other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and at Landlord's option, be conclusively deemed to have been conveyed by Tenant shall vacate and surrender the Premises to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and effects not removed by Tenant, in Landlord's sole and absolute discretion, the same condition as when received at cost thereof to be charged to Tenant. Landlord shall not be responsible for the inception value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this Lease, subject to ordinary wear and tearsubparagraph. All Alterations shall become a part of Upon the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseLease in any manner whatsoever, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior return to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord may use, apply with any combinations or retain all or any part of the Security Deposit safe keys with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in any secured areas within the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantDemised Premises.
Appears in 1 contract
Samples: Office Lease (CTN Media Group Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, On the Expiration Date or upon expiration or earlier the termination of this Leasehereof upon a day other than the Expiration Date, Tenant shall vacate and peaceably surrender the Demised Premises to Landlord in the same condition in which the Demised Premises were delivered to Tenant as when received at the inception of this Leaseset forth in Section 1.0 hereof, subject to ordinary reasonable wear and tear. All Alterations shall become a part of Permitted alternations and insured casualty only excepted; warehouse area in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Premises and shall become the property of Landlord Expiration Date or upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to Lease on a day other than the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this LeaseExpiration Date, Tenant shall, at its sole expense, remove all such items trade fixtures, personal property and repair equipment and signs from the Demised Premises and any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant property not removed shall be deemed to have abandoned been abandoned. Any damage caused in the sameremoval of such items shall be repaired by Tenant and at its expense. All alterations, in additions, improvements and fixtures (other than Tenant’s Property) which case shall have been made or installed by Landlord may store or Tenant upon the same Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at Tenant's expense (and the expiration or termination of this Lease If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall pay indemnify Landlord against loss or liability or claims made by any succeeding Tenant resulting from such delay. Tenant shall promptly surrender all keys for the cost thereof upon demand), or appropriate Demised Premises to Landlord at the same place then fixed for itself, and/or sell payment of rent and shall inform Landlord of combinations of any locks and safes on the same in its discretion, with no liability to TenantDemised Premises.
Appears in 1 contract
Samples: Commercial Lease (Thoratec Corp)
Surrender. Except as provided in Section 7.3 and in this Section 10.5On the last day of the Lease Term, or upon expiration or earlier termination socnertenninatlon of this Lease, the Tenant shall vacate and surrender to the Landlord the Premises to Landlord and all Tenant's improvements and adoration, xxxxx xxxx, maIntained and repaired in accordance with the terms hereof. and otherwIse in the same condition as ~ when received at the inception of this Leasereceived, subject to ordinary except for reasonable wear and tear. All Alterations shall become a part Any damage to or deterioration of the Premises Pfefnlsea will not be deemed reasonable wear and shall become xxxx (the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, same could have been prevented by written notice given to Tenant, require Tenant to remove some or all good maintenance practices of Tenant's Alterations, in which event . The Tenant xxxxx also remove nIl of Its personal properly on or prior to such last-day. The Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any physIcal damage to the Premises arising as a result of the Tenant's vacation of the Premises. The Landlord may xxxx to retain-or dispose of In any manner any improvements or alterations or the Project caused Tenant's personal property that the Tenant does not remove from the PromIses on expiration or termination of the Lease Term as allowed or required bythls Lease by such removal. If Tenant fails giving at least ten days' written notice to remove the Tenant, litle to any such items improvements or repair such damage promptly after alterations or the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and personal property that the Landlord elects to retain or dispose of on expiration of the ten~day period shall vest in the Landlord, The Tenant shall pay waives all claims against the Landlord forany damage to the cost thereof upon demand), Tenant resulting from the Landlord's retention or appropriate disposition of any such alterations or the same for itself, and/or sell the same in its discretion, with no liability to TenantTeiant's personal property.
Appears in 1 contract
Samples: Executive Change in Control Agreement (Efax Com Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier Upon termination of this LeaseLease or Tenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall vacate remove from the Premises all of Tenant's personal property, equipment and surrender trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such expiration removal, repair, delivery and warehousing to Landlord on demand, or termination the Alterations designated Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a xxxx of sale, without further payment or credit by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with . If Landlord requests the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event removal of any failure of Tenant to perform its obligations under this Section 10.5, in addition to Alterations (and including without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of limitation Tenant; upon the expiration or earlier termination of this Lease’s fence), Tenant shall, at its sole expense, shall remove all such items and repair any damage to restore the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the their original condition, ordinary wear and tear excepted upon expiration or earlier termination of this Lease. If, after Landlord’s request, Tenant shall be deemed to have abandoned the samedoes not remove said Alterations, in which case Landlord may store remove the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof of such removal to Landlord upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Samples: Industrial Building Lease
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier Upon the termination of this Lease, Tenant shall vacate and peaceably surrender the Premises to Landlord in the same condition as when in which they were received from Landlord at the inception commencement of this Lease, subject to ordinary except as altered as permitted or required by this Lease (and except for normal wear and teartear provided that Tenant shall have fully complied with its obligations under Section 5.1 of this Lease). All Alterations Tenant shall become a part of pay, on or before the Termination Date, all costs and expenses relating to the Premises and or its maintenance or operation which accrued during the Lease Term. Tenant shall remove from the Premises prior to or within a reasonable time after such termination (not to exceed thirty (30) days) all its personal property that is capable of removal without causing damage to the Premises, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of may thereafter cause such expiration or termination the Alterations designated by Landlord property to be so removed and shall promptly restore, patch disposition of and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions cost of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair repairing any damage to the Premises or the Project caused by such removalremoval shall be borne by Tenant. If Any holding over by Tenant fails to remove any such items or repair such damage promptly of the Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred twenty-five (125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, Tenant any holding over without Landlord's consent shall be deemed to have abandoned the sameentitle Landlord, in which case Landlord may store the same addition to collecting Basic Rent at Tenant's expense a rate of one hundred twenty-five percent (125%) thereof, to exercise all rights and Tenant shall pay Landlord the cost thereof upon demand), remedies provided by law or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantequity.
Appears in 1 contract
Samples: Purchase and Sale Leaseback Agreement (Ugly Duckling Corp)
Surrender. Except as provided in Subject to the provisions of Section 7.3 and in this Section 10.55.07 hereof, upon expiration on the Term Expiration Date (or earlier termination of this Lease), Tenant Xxxxxx shall vacate quit and surrender possession of the Leased Premises to Landlord in the same as good order and condition as when received at they were in on the inception of this LeaseTerm Commencement Date, subject to ordinary reasonable wear and tear, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Leased Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations, in which event . If Tenant shall promptly remove prior fail to pay the date cost of storing any such expiration property after storage for thirty (30) days or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlordmore, Landlord may usesell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or retain all or thereafter be due to Landlord from Tenant under any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination terms of this Lease; and fourth, Tenant shallthe balance, at its sole expenseif any, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon The LESSEE shall at the expiration or earlier other termination of this Leaselease remove all LESSEE’s goods and effects from the leased premises, Tenant (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall vacate deliver to the LESSOR the leased premises and surrender all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Premises leased premises, in good condition, damage by fire or other casualty only excepted. In the event of the LESSEE’s failure to Landlord in remove any of LESSEE’s property from the same condition as when received premises upon the expiration or other termination of the lease, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the inception sole risk of this LeaseLESSEE, subject to ordinary wear remove and tearstore any of the property at LESSEE’s expense, or to retain same under LESSOR’s control or to sell at public or private sale, without notice any or all of 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. All Alterations shall become a In the event that LESSEE continues to occupy, control or remain in any part of the Leased Premises and shall become the property of Landlord upon beyond the expiration or earlier termination of the Term of this Lease, unless Landlord shallincluding any extensions thereto, such holding over shall not be deemed to create any tenancy, but the LESSEE shall be a Tenant at Sufferance only and shall be liable for all loss, damage or expenses incurred by written notice given the LESSOR. All other terms of this Lease shall apply, except that use and occupancy payments shall be due in full monthly installments which shall be paid to Tenant, require Tenant to remove some or all of Tenant's AlterationsLESSOR at the times and manner determined by the LESSOR, in which event Tenant shall promptly remove advance and in an amount equal to the greater of two times of either of the following: (i) Basic Annual Rent, additional rent and other sums due under the Lease, including any extensions thereto, immediately prior to termination, or (ii) LESSOR’s then published rent for the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Leased Premises. In It is expressly understood and agreed that such extended occupancy is a Tenancy at Sufferance only, solely for the event benefit and convenience of any failure the LESSEE and is of Tenant greater rental value. If LESSEE continues to perform its obligations under this Section 10.5occupy, control or remain in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to Leased Premises beyond noon of the last day of any monthly rental period, said action shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided by this section, shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by extended occupancy shall not alter LESSEE’S status as a Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantSufferance.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5On the last day of the Term, including any option term, or upon expiration or earlier the sooner termination of this Leasethereof, Tenant shall vacate peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as when received at the inception commencement of this LeaseLease in good order, subject to ordinary condition and repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All Alterations alterations, additions, and improvements other than business and trade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in the Common Area, shall become a part remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall remove all of its equipment and personal property, the Temporary Addition and any other improvements to the Premises approved by the Design Review Board for temporary installation only, and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that Landlord upon shall have the expiration option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the The delivery to Landlord at the place then fixed for the payment of rent of the keys or earlier door access system cards and software to the Leased Premises shall constitute surrender of the premises by Tenant. Acceptance of the keys or door access system cards and software by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, unless Landlord shallshall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by written placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice given to Tenant, require and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Leasereceived, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Sections 15 excepted. All Alterations Tenant shall become a part immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall become be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the property termination of Landlord upon the Term, including the obligations of Tenant under Section 26 hereof, shall survive the expiration or earlier termination of this Leasethe Term, unless Landlord shallincluding, by written notice given to Tenantwithout limitation, require Tenant to remove some or all of Tenant's Alterationsindemnity obligations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its payment obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business Rent and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in obligations concerning the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items condition and repair any damage to of the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Surrender. Except as provided On the Expiration Date or upon the termination hereof on a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises broom-clean in Section 7.3 good order, condition and in this Section 10.5repair, reasonable wear and tear and loss by fire or other casualty only excepted. On or before the Expiration Date or upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender Lease on a day other than the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this LeaseExpiration Date, Tenant shall, at its sole expense, remove all such items trade fixtures, personal property, equipment and repair signs, from the Demised Premises and any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant property not removed shall be deemed to have abandoned been abandoned. Any damage caused in the sameremoval of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than (i) trade fixtures, (ii) any alterations or fixtures that are unique and not customary for office space that will be removed by Tenant at Landlord's request, and (iii) fixtures that are described in Article 25 that will be removed) which case shall have been made or installed by Landlord may store or Tenant upon the same Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at Tenant's expense (and the expiration of termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall pay indemnify Landlord against loss or liability arising out of or relating to any claims resulting from such failure, including without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the cost thereof upon demand), or appropriate Demised Premises to Landlord at the same place then fixed for itself, and/or sell payment of rent and shall inform Landlord of combinations of any locks and safes on the same in its discretion, with no liability to TenantDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (Mgi Pharma Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon expiration or earlier sooner termination of this Leasethe Term or Tenant's right to possession of the Premises, Tenant shall vacate and surrender return the Premises to Landlord in substantially the same order and condition as when received at the inception of this Leasereceived, subject to except for, ordinary wear and teardamage by fire or other casualty or any other damage that Tenant has no obligation to repair. All Alterations Tenant shall become remove any of the initial improvements required to be removed pursuant to Exhibit B hereof, at its sole costs and --------- expense, prior to the surrender of the Premises, and restore any areas damaged by such removal to a part reasonably good condition consistent with the required condition of the balance of the Premises and shall become the property of under this paragraph. If Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require requires Tenant to remove some any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the Term or all of Tenant's Alterationsright 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 event Tenant shall promptly remove prior to the date of Landlord may cause such expiration or termination the Alterations designated by Landlord items to be so removed and shall promptly restore, patch and repair any resulting damage, all disposed of at Tenant's sole expense, failure by which shall be 115% of Landlord's actual cost of removal, without notice to Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect obligation to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to compensate Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon At the expiration or earlier termination of the term of this Leaselease, Tenant or upon any sooner termination thereof, the Lessee herein shall vacate remove all of his goods, wares, merchandise, furniture and surrender fixtures from the Premises to Landlord leased premises, and will peaceably yield unto the Lessor the said leased premises in the same as good order, repair and condition as when received at the inception of this Leasedelivered by Lessor, subject to ordinary wear and teartear and damage by the elements alone excepted. Lessee must repair any holes or other damage left after removal of any items owned by Lessee. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior improvements made to the date leased premises shall belong to Lessor and may not be removed by Lessee. ATTORNEY'S FEES Should either party hereto institute any action or proceeding in court to enforce any provisions hereof or for damage by reason of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair alleged breach of any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 lease or for a declaration of such party's rights or obligations hereunder, or for any other judicial remedy, the prevailing party shall constitute a failure be entitled to receive from the losing party such amount as the court may adjudge to be reasonable as attorney fees for the services rendered to the party ultimately prevailing in any such action or proceeding. PROTECTION FROM LIENS Lessee shall keep the demised premises at all times during the term hereof free of Tenant to validly surrender the Premises. In the event Mechanic's Liens and Materialman's Liens or other liens of like nature other than liens created or claimed by reason of any failure work done by or at the instance of Tenant to perform its obligations under this Section 10.5Lessor, in addition to (and without prejudice to) any Lessee shall at all times fully protect and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove indemnify Lessor against all such items liens or claims which may ripen into liens and repair any damage to the Premises against all attorney's fees and other costs and expenses growing out of or the Project caused incurred by such removal. If Tenant fails to remove reason of or on account of any such items claim or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantlien.
Appears in 1 contract
Samples: Lease Agreement (Palweb Corp)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon a. Upon expiration or earlier termination of this Lease, Tenant shall vacate perform each of the following:
i. quit and surrender the Leased Premises to Landlord in the same order, condition and repair as when received at of the inception of this LeaseCommencement Date, subject to ordinary wear and teartear excepted; and
ii. All Alterations shall become a part remove from the Leased Premises all of Tenant's property and repair any damage caused by such removal.
b. If Tenant fails to vacate the Premises and shall become the property of Landlord Leased Premises, upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given may remove and/or store Tenant's property at Tenant's expense without liability to Tenant, require Tenant to remove some for any loss or all damage thereto. If Tenant does not claim and take delivery of any of Tenant's Alterations, property that remains on the Leased Premises or in which event Tenant shall promptly remove prior to storage for more than twenty (20) days after the date of such termination or expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove as well as pay Landlord all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of amounts due under this Lease, including costs of removal and storage, Landlord may sell all or any portion of such property at a public or private sale after having given Tenant ten (10) days prior written notice.
c. Landlord may apply the proceeds of such sale to the costs of removal, storage and sale of the property, and then to payment of all amounts due Landlord under this Lease. Any amount remaining shall be paid to Tenant upon Tenant's written demand, without interest.
d. Notwithstanding the foregoing, Tenant shall be deemed to have abandoned retain all right, title and interest in the sametrade fixtures, furniture, equipment and non-fixture personalty owned by Tenant, located on the Leased Premises and used in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in operation of its discretion, with no liability to Tenantbusiness.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon Upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some Lease or all the termination of Tenant's Alterations, in which event Tenant shall promptly remove prior right to occupy the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damageLeased Property, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 Improvements shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain automatically become the property of Tenant; upon Landlord. Tenant covenants to thereupon surrender the expiration Leased Property in good and (if applicable) operating condition, reasonable wear and tear excepted, free and clear of any liens, claims, charges or earlier termination encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of this LeaseLandlord), and Tenant shall, shall at its sole expense, cost and expense remove Tenant's records and all such consumable items and repair any damage to from the Premises or the Project caused by such removalLeased Property. If Tenant fails to remove any such items records or repair such damage promptly after the expiration or earlier termination of this Leaseconsumable items, Tenant shall be deemed to have abandoned the same, in which case Landlord may store deem the same abandoned by Tenant, or Landlord may, but is not obligated to, at Tenant's expense (and without notice to Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant's occupancy, Tenant shall pay promptly execute and deliver to Landlord (i) a quitclaim deed or, at Landlord's option, a memorandum, in recordable form, evidencing the cost thereof upon demand)termination of this Lease and (ii) bills of sale and other documents and instruments of conveyance, or appropriate transfer and assignment as Landlord may reasonably request to evidence Landlord's acquisition of ownership of the same for itself, and/or sell the same in its discretion, with no liability to TenantImprovements.
Appears in 1 contract
Samples: Ground Lease (Grand Casinos Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5On the last day of the Term, including any option term, or upon expiration or earlier the sooner termination of this Leasethereof, Tenant shall vacate peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as when received at the inception commencement of this Lease, subject to ordinary in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All Alterations alterations, additions, and improvements other than business and trade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall become a part remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Premises Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall remove all equipment and personal property and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord upon shall have the expiration option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or earlier the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, unless Landlord shallshall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by written placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice given to Tenant, require and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon Upon the expiration or earlier termination of this Sublease, Subtenant shall surrender and deliver up the Premises in the condition required by Sections 5(c) and 6(c) of the Master Lease, unless Landlord shallwith all of Subtenant’s personal furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to Subtenant pursuant to the Xxxx of Sale), and all Alterations made by written notice given or on behalf of Subtenant, removed from the Premises (to Tenantthe extent required by the Master Lease), require Tenant provided however, that Sublandlord shall continue to be obligated to remove some any Alterations (if any) made by or all on behalf of Tenant's Alterations, in which event Tenant shall promptly remove Sublandlord prior to the date Effective Date of such expiration or termination this Sublease (to the Alterations designated extent required by Landlord the Master Lease) and to be so removed and shall promptly restore, patch and repair any resulting damagedamage to the Premises caused by such removal. Subtenant shall repair any damage to the Premises caused by the removal of its furniture, fixtures and equipment (including, without limitation, all at Tenant's sole expensefurniture, failure by Tenant fixtures and equipment conveyed to strictly comply with Subtenant pursuant to the provisions Xxxx of this Section 10.5 shall constitute a failure of Tenant to validly surrender Sale), and the Premises. In the event removal of any failure Alterations made by or on behalf of Tenant Subtenant. If Subtenant fails to perform its obligations under this Section 10.5, in addition to (and without prejudice to) remove any and all other remedies items of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant fixtures or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon equipment on or before the expiration or earlier termination of this LeaseSublease, Tenant shallSublandlord may, at its sole expenseoption, deem such items to be abandoned and may, at its option, remove all such items the same (and repair any damage to occasioned thereby and restore the Premises as aforesaid at Subtenant’s cost) and dispose of or the Project caused by such removal. If Tenant fails to remove any warehouse such items or repair such damage promptly after the expiration or earlier termination of this Leasewarehouse, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant Subtenant shall pay Landlord the cost thereof upon of such removal, repair, restoration, disposal or warehousing to Sublandlord on demand), or appropriate the same for itselfSublandlord may treat such items as having been conveyed to Sublandlord with this Sublease acting as a xxxx of sale therefor, and/or sell the same in its discretion, with no liability without further payment or credit by Sublandlord to TenantSubtenant.
Appears in 1 contract
Samples: Sublease (Adynxx, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration On the last day or earlier sooner termination of this Leasethe Lease Term, Tenant shall vacate quit and surrender the Premises to Landlord broom clean, in good condition and repair (reasonable wear and tear and damage by acts of God or fire excepted) together with all alterations, additions and improvements which may have been made in, to, or on the same condition as when received Premises, except movable furniture or unattached movable trade fixtures put in at the inception expense of this LeaseTenant, subject to ordinary wear and tear. All Alterations except that Tenant shall become a part ascertain from Landlord within thirty (30) days before the end of the Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition when the Premises were delivered to Tenant and if Landlord shall so desire then Tenant shall restore said Premises or such part or parts thereof before the end of the Lease Term at Tenant’s sole cost and expense and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the any Alterations designated by Landlord to be for removal. Tenant, on or before the end of the Lease Term shall remove all its property from the Premises, and all property not so removed and shall promptly restore, patch and repair any resulting damage, all be deemed abandoned by Tenant. If the Premises are not surrendered at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part end of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this LeaseLease Term, Tenant shall be deemed to have abandoned indemnify Landlord against loss or liability, including attorney’s fees of Landlord,. resulting from delay by Tenant in so surrendering the samePremises including, in which case Landlord may store the same at Tenant's expense (and without limitation, any claims made by any succeeding Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantfounded on such delay.
Appears in 1 contract
Samples: Office Lease (Dance Biopharm, Inc.)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon Upon the expiration or earlier termination of this Lease, Tenant shall vacate and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that Tenant shall remove from the same condition as when received at Premises all Tenant’s personal property, Trade Fixtures and Alterations that Tenant has the inception right or is required by Landlord to remove under the provisions of this Lease, subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after removal is not completed before the expiration or earlier termination of this Leasethe Term, Tenant Landlord shall be deemed have the right (but no obligation) to have abandoned remove the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord within thirty (30) receipt of a written invoice for all costs of removal and storage thereof. Landlord shall also have the cost thereof upon demandright to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or appropriate disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the same Premises or any other part of the Building and shall deliver to Landlord all keys for itselfor make known to Landlord the combination of locks on all safes, and/or sell cabinets and vaults that may be located in the same in its discretion, with no liability to Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Sub Sublease Agreement (Enernoc Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon The LESSEE shall at the expiration or earlier other termination of this Leaselease remove all of LESSEE’S goods and effects from the Leased Premises, Tenant (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises), but excluding anything constituting LESSOR’S Work as set forth on Exhibit B. LESSEE shall vacate deliver to the LESSOR the Leased Premises and surrender all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Premises to Landlord Leased Premises, in the same condition as when received at the inception of this Leasegood condition, subject to ordinary reasonable wear and tear, damage by fire or other casualty, eminent domain, default by LESSOR or by the negligent or willful acts or omissions of LESSOR, its officers, managers, employees, agents, contractors and invitees only excepted. All Alterations shall become a In the event of the LESSEE’S failure to remove any of LESSEE’S property from the premises upon the expiration or other termination of the lease, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice any or all of 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 LESSEE continues to occupy, control or remain in any part of the Leased Premises and shall become the property of Landlord upon beyond the expiration or earlier termination of the Term of this Leaselease, unless Landlord shallincluding any extensions thereto, such holding over shall not be deemed to create any tenancy, but the LESSEE shall be a Tenant at Sufferance only and shall be liable for all loss, damage or expenses incurred by written notice given the LESSOR. All other terms of this lease shall apply, except that use and occupancy payments shall be due in full monthly installments which shall be paid to Tenant, require Tenant to remove some or all of Tenant's AlterationsLESSOR at the times and manner determined by the LESSOR, in which event Tenant shall promptly remove advance and in an amount equal to the greater of one and a half times of either of the following: (i) base rent, additional rent and other sums due under the lease, including any extensions thereto, immediately prior to termination, or (ii) the date of such expiration or termination reasonable fair market rent for the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Leased Premises. In It is expressly understood and agreed that such extended occupancy is a Tenancy at Sufferance only, solely for the event benefit and convenience of any failure the LESSEE and is of Tenant greater rental value. If LESSEE continues to perform its obligations under this Section 10.5occupy, control or remain in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to Leased Premises beyond noon of the last day of any monthly rental period, said action shall constitute LESSEE’S occupancy for an entire additional month, and increased payment as provided by this section, shall be due and payable immediately in advance. LESSOR’S acceptance of any payments from LESSEE during such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by extended occupancy shall not alter LESSEE’S status as a Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantSufferance.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5Subject to the provisions of SECTION 5.07 hereof, upon expiration on the Term Expiration Date (or earlier termination of this Lease), Tenant Xxxxxx shall vacate quit and surrender possession of the Leased Premises to Landlord in the same as good order and condition as when received at they were in on the inception of this LeaseTerm Commencement Date, subject to ordinary reasonable wear and tear, taking by condemnation and damage by casualty excepted. All Alterations Reasonable wear and tear shall become a part not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises Leased Premises, and shall become repair any damage to the Project resulting from such removal. Any such property of Landlord upon not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, unless and Landlord shall, by written notice given to Tenant, require Tenant to may remove some any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant's Alterations, in which event . If Tenant shall promptly remove prior fail to pay the date cost of storing any such expiration property after storage for thirty (30) days or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlordmore, Landlord may usesell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or retain all or thereafter be due to Landlord from Tenant under any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination terms of this Lease; and fourth, Tenant shallthe balance, at its sole expenseif any, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenant.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon expiration On or earlier termination of this Leasebefore the ninetieth (90th) day preceding the Expiration Date, Tenant shall vacate notify Landlord in writing of the precise date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant pursuant to Sections 9.6 or 9.7, or due to Tenant’s failure to perform any other obligation set forth in this Lease; provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage to the Premises that causes material damage to the Building Structure or Building Systems, impairs access to the Premises, or poses a threat to worker safety, to the extent such damage was caused by removal of Tenant’s Property, the Tenant Improvement Work and any Alterations as required under this Lease. Upon the Termination Date, Tenant shall surrender the Premises to Landlord in as good order and repair as on the same condition Commencement Date, reasonable wear and tear and damage by casualty excepted, free and clear of all letting and occupancies and with Tenant’s Hazardous Materials removed as when received at the inception required pursuant to Article 12. Subject to Article 9, upon any termination of this LeaseLease all improvements, subject to ordinary wear except for Tenant’s Property, shall automatically and tear. All Alterations shall become a part of the Premises and shall without further act by Landlord or Tenant, become the property of Landlord upon the expiration Landlord, free and clear of any claim or earlier termination of this Lease, unless Landlord shall, interest therein by written notice given to Tenant, require Tenant to remove some or all and without payment therefore by Landlord. If the Premises are not surrendered as of Tenant's Alterationsthe end of the Term in the manner and condition described in this Section 20.1, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by indemnify, defend, protect and hold Landlord to be so removed harmless from and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) against any and all other remedies of LandlordLosses resulting from or caused by Tenant’s delay or failure in so surrendering the Premises, Landlord may useincluding, apply or retain all or without limitation, any part of the Security Deposit with respect lost rents and any claims made by any succeeding tenant due to such failure. All business delay or failure and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items any loss or damage incurred by Landlord as a result of personal property owned by Tenant or installed by Tenant at its expense any delay in Landlord’s redevelopment plans for the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantPremises.
Appears in 1 contract
Samples: Commercial Lease (Tesla Motors Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5Tenant shall, upon expiration or earlier sooner termination of this Lease, surrender the premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all holes in walls repaired, and all HVAC equipment in operating order and in good repair, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (as defined in Paragraph 9) as Landlord does not require Tenant to remove in accordance with Paragraph 9.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall vacate and surrender indemnify Landlord against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord in the same condition as when received at the inception of this Leasedue to lost opportunities to lease to succeeding tenants, subject to ordinary wear and tearattorneys' fees and costs. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior keys to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to TenantLease term.
Appears in 1 contract
Surrender. Except as Subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided in Section 7.3 and in this Section 10.5, upon expiration that the removal of the same does not adversely affect the Building structure or earlier termination of this any Building operating system or is not prohibited by the Sub-Lease, Tenant shall vacate and surrender that Subtenant promptly repairs any damage to the Premises Building structure or its operating systems caused by such removal pursuant to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. All Alterations shall become a part requirements of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Sub-Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event that Subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Sub-Lease installed by Subtenant pursuant to this Sub-Sub-Lease and shall be responsible for any associated repair or restoration of the Subdemised Premises required under the Sub-Lease. In all other respects, Subtenant shall deliver the Subdemised Premises broom clean, in its condition as of the Commencement Date, reasonable wear and tear and casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any failure and all violations of Tenant any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to perform fulfill any of its obligations under this Section 10.5, in addition to Sub-Sub-Lease (and without prejudice to) “Violations”). Subtenant shall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other remedies surrender of Landlordthis Sub-Sub-Lease by Subtenant, Landlord may useor a mutual cancellation thereof, apply shall not automatically terminate any sub-Sub-Sub-Leases or retain sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of the Security Deposit with respect to such failure. All business and trade fixturesSubdemised Premises, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant but shall, at its sole expensethe option of Sublandlord, remove either (1) terminate all or any existing Sub-Sub-Sub-Leases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlord of any or all such items and repair any damage to the Premises Sub-Sub-Sub-Leases or the Project caused by sub-subtenancies or such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantother agreements.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon (a) Upon the expiration or earlier termination of the term of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition in which the Premises were originally received from Landlord except as when received at the inception repaired, replaced, rebuilt, restored, as required by any provision of this Lease, subject except as altered or added to with Landlord's prior written approval, and except for ordinary wear and tear, damage or destruction (as set forth in Section 14), or taking by eminent domain. All Alterations Tenant shall become a part of remove from the Premises on or prior to such expiration or earlier termination all personal property situated thereon which is not owned by Landlord, and at its cost and expense shall repair any damage caused by such removal and upon Landlord's request, remove any alteration made by Tenant which did not require or receive Landlord's prior written approval. Property not so removed shall become the property of Landlord Landlord, which may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant.
(b) Except for surrender upon the expiration or earlier termination of this Leasethe term hereof, unless no surrender to Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure Lease or of Tenant to validly surrender the Premises. In the event Premises or any portion thereof or of any failure interest therein shall be valid or effective unless agreed in writing under signature of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice toi) any and all other remedies a manager of Landlord, and (ii) so long as the estate, right, title and interest of Landlord may use, apply hereunder or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be assigned or mortgaged as security for the payment of indebtedness for borrowed money, an officer of each such assignee or mortgagee. No act by any other representative or agent of Landlord, and remain the property no act by Landlord, other than such an agreement and acceptance so signed, shall constitute an acceptance of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantsurrender.
Appears in 1 contract
Samples: Lease Agreement (Guitar Center Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5, Upon the expiration of the term of the Lease or upon expiration or earlier the termination of this LeaseTenant's right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall vacate and promptly surrender the Premises to Landlord in the same condition as when received at the inception of this Leasegood order, subject to repair and broom clean condition, ordinary wear and tearcasualty damage excepted. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeasePrior thereto, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restoreits office furniture, patch and repair any resulting damagetrade fixtures, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any office equipment and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or on the Premises not belonging to Landlord, including all cabling and wiring installed by Tenant at its expense in the Premises shall be and remain and/or the property Building by or for the benefit of Tenant; . Tenant shall pay to Landlord upon demand the expiration or earlier termination cost of this Lease, Tenant shall, at its sole expense, remove all such items and repair repairing any damage to the Premises or and the Project Building caused by such removal. If Tenant fails shall fail or refuse to remove any such items or repair such damage promptly after property from the expiration or earlier termination of this LeasePremises, Tenant shall be deemed conclusively presumed to have abandoned the same, in which case and title thereto shall thereupon pass to Landlord without any cost by set-off, credit, allowance or otherwise, and Landlord may store at its option, accept the same title to such property, and, whether or not Landlord accepts such title, Landlord may at Tenant's expense expense: (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal; and (ii) store or otherwise dispose of the same without incurring liability to Tenant or any other person. If Landlord incurs any storage or other costs by reason of Tenant's failure to remove any property which Tenant is obligated to remove under this paragraph, Tenant upon demand shall pay to Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantamount of costs so incurred.
Appears in 1 contract
Samples: Office Lease (Ebix Com Inc)
Surrender. Except as provided in Section 7.3 and in this Section 10.5The Tenant, upon at the expiration of the Term or any earlier termination of this Lease, Tenant shall vacate and at its expense (a) surrender to the Landlord possession of the Premises (including any fixtures or other improvements which are owned by the Landlord) in as good order and repair as on the Effective Date (ordinary wear and tear and damage by casualty excepted) and broom clean, (b) remove therefrom all signs, goods, effects, machinery, fixtures and equipment used in conducting the Tenant’s trade or business which are neither part of the Building Service Equipment nor owned by the Landlord. In the event Tenant fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, Landlord in the same condition as when received at its option may either (i) cause that property to be removed at the inception risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any repairs to the Premises caused by the removal of the property, or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with the proceeds to be applied as set forth in this Lease, subject or (iii) at Landlord’s option, title for such personal property shall pass to ordinary wear Landlord. Tenant shall not vacate or abandon the Premises at any time during the Term and tear. All Alterations shall become a part discontinue the payment of Base Rent, but if Tenant does vacate or abandon the Premises or is dispossessed by process of law, any personal property belonging to Tenant and left on the Premises may, at the option of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseLandlord, unless Landlord shall, be deemed to have been abandoned by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to Tenantapply.
Appears in 1 contract
Surrender. Except as provided in Section 7.3 and in this Section 10.5, upon The LESSEE shall at the expiration or earlier other termination of this Lease, Tenant shall vacate Lease peaceably give up and surrender the Leased Premises without the requirement of any notice. Further, the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (including partitions) in any way built-in or otherwise attached to Landlord the Leased Premises, as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises in a good and broom clean condition (ready for future occupancy or the same condition as when received at next Lessee), shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the inception of this LeaseLeased Premises, subject to ordinary damage by fire or other casualty and reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premisestear only excepted. In the event of any the LESSEE’S failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any of LESSEE’S property from the Premises, LESSOR is hereby authorized without the liability to LESSEE for loss and damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice of any or all of the property not so removed and to apply the net proceeds of such items sale to the payment of any sum due hereunder, or repair to destroy such damage promptly property. If the LESSEE fails to surrender, vacate and deliver-up the Premises either after a default, agreement, judgment for possession or at the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant Lease Termination Date then LESSEE shall pay Landlord LESSOR Rent equal to one and half (1 1⁄2) times the cost thereof upon demand)Rent in effect at the time of the holdover until the date that LESSEE completely vacates the Premises together with all costs, or appropriate the same for itselfexpenses, and/or sell the same in its discretion, with no liability to Tenantconsequential damages and reasonable attorneys’ fees incurred by LESSOR.
Appears in 1 contract