Common use of Tenant’s Failure to Remove Clause in Contracts

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 3 contracts

Samples: Multi Tenant Lease (Encore Capital Group Inc), Multi Tenant Industrial Lease (HNC Software Inc/De), Multi Tenant Industrial Lease (E Digital Corp)

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Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's reasonable attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Aurora Biosciences Corp)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or if Tenant fails to remove any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to to, and within the time required by, Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (101 0) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Cymer Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof)thereto, at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Synbiotics Corp)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 12,2 above, or if Tenant fails to comply with its obligations under Section 12.3, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneysLandxxxx'x xttorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Office Lease (Websidestory Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or if Tenant fails to remove any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to to, and within the time required by, Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (101 0) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Cymer Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal perform its repair and restoration obligations pursuant to Section Sections 12.2 and 12.3 above, then Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) perform such repair and restoration obligations; or (b) remove and store such items in accordance with applicable law; and/or (bc) upon ten thirty (1030) days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Global Brass & Copper Holdings, Inc.)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 aboveabove (other than those which Tenant is not required to remove pursuant to the express terms of Section 12.2), or if Tenant fails to comply with its obligations under Section 12.3, Landlord may, at its option, treat such failure as a hold over pursuant to Section 9.3 above, and/or may (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable lawApplicable Laws; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable lawApplicable Laws. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Office Lease (Lumena Pharmaceuticals, Inc.)

Tenant’s Failure to Remove. If Tenant fails falls to remove by the expiration or sooner termination of this Lease all of its personal property, or any items Items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 12 2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: equity (a) remove and store such items in accordance with applicable law; , and/or (b) upon ten (10) days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. law Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)

Tenant’s Failure to Remove. If Tenant fails to remove all of its personal property by the expiration or sooner termination of this Lease all of its personal propertyLease, or fails to remove any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 aboveabove within the time period specified in Section 12.2, Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten twenty (1020) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal propertyPersonal Property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 13.2 above, Landlord may, following an additional ten (10) business days' prior written notice to Tenant (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten fifteen (1015) business days' prior written notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including LandlordXxxxxxxx's attorneys' fees and other costs incurred by Landlord in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Lease (Ufp Technologies Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 10.2 above, Landlord may, (without liability to Tenant for loss thereof)loss, at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including LandlordXxxxxxxx's attorneys' fees and other costs incurred in the removal, storage and/or and sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Eyeonics Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes Alterations identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's Xxxxxxxx’s attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Retail Lease (La Rosa Holdings Corp.)

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Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's ’s sole cost and in addition to Landlord's ’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's ’s reasonable attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, following an additional ten (10) business days' prior written notice to Tenant (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) business days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Lease (Platinum Software Corp)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Leasehold Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 Subparagraph 14.2 above, Landlord may, at its option, treat such failure as a hold over pursuant to Subparagraph 11.3 above, and/or may (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable lawitems; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable lawobtain. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant then after thirty (30) days following written notice to Section 12.2 aboveTenant, such personal property shall be deemed abandoned and Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable lawLaw; and/or (b) upon an additional ten (10) days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable lawLaw. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's reasonable attorneys' fees and other out-of-pocket costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Biocept Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, or if Tenant fails to comply with its obligations under Section 12.3, Landlord may, may (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Office Lease (Silicon Image Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Leasehold Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 Subparagraph 14.2 above, Landlord may, at its option, treat such failure as a hold over pursuant to Subparagraph 11.3 above, and/or may (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable lawitems; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable lawobtain. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

Tenant’s Failure to Remove. If Tenant fails If, prior to remove by the date of the expiration or sooner termination of this Lease or any termination of Tenant's right to possess the Premises, Tenant fails to remove all of its personal propertyTenant's Property and Tenant's Customer's Property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, Landlord may, (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable lawLaws; and/or (b) upon ten (10) days' prior notice to Tenant, Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable lawLaws. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Triple Net Lease (Inflow Inc)

Tenant’s Failure to Remove. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property, or any items of Tenant Improvements or Tenant Changes identified by Landlord for removal pursuant to Section 12.2 above, or if Tenant fails to comply with its obligations under Section 12.3, Landlord may, may (without liability to Tenant for loss thereof), at Tenant's sole cost and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable law; and/or (b) upon ten (10) days' prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: Office Lease (Willdan Group, Inc.)

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