Common use of Termination; Surrender of Possession Clause in Contracts

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, or pursuant to the provisions of this Lease, Tenant shall: (i) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property and trade fixtures from the Premises and the Project and repair any damage caused by such removal; (ii) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s business and repair any damages to the Premises caused by the signs or their removal. (b) If Tenant shall fail or refuse to deliver the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such event, Landlord may keep or remove, store, discard, or otherwise dispose of all or any part of such property in any manner that Landlord shall choose without incurring liability to Tenant or to any other person or entity subject to the rights of Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereof. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property within twenty (20) days after a termination or expiration of the Lease or as agreed upon, then Landlord shall be relieved of any further responsibility.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

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Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, law or pursuant to the provisions of this Lease, Tenant shall: (ia) Deliver Restore the Premises to the same condition in which they were in at the condition required under beginning of the Lease Term (other than as contemplated by except for approved alterations, additions or improvements made pursuant to Section 7.1 9 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property (including all signs, symbols and trade fixtures trademarks pertaining to its business) from the Premises and the Project and repair any damage to the Premises caused by such removal;; and (iib) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s business and repair any damages to the Premises caused by the signs or their removal. (b) . If Tenant shall fail or refuse to deliver restore the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant cost for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from and the building upon the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, : (a) treat such failure or refusal as if an offer by Tenant to transfer title to such personal property to Landlord, in which event the title thereto shall thereupon pass under this Lease as a xxxx of sale; or (b) treat such failure or refusal as conclusive evidence, on which Landlord shall be entitled to rely absolutely, that Tenant has forever abandoned such personal property. In such either event, Landlord may may, with or without accepting title thereto, keep or remove, store, discarddestroy, discard or otherwise dispose of all or any part of such property thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person person. In no event shall Landlord ever become or entity subject to be charged with the rights duties of a bailee of any personal property of Tenant’s lender provided . The failure of Tenant to remove any personal property from the Premises shall forever bar Tenant from bringing any action or asserting any liability against Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereof. Should Tenant or its lender with respect to the fixtures and equipment fail to remove any such property within twenty (20) days after a which Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the Premises to Landlord upon termination or expiration of this Lease, Landlord may immediately, without notice, re-enter the Lease or Premises and dispossess all persons and effects therefrom, using such force as agreed upon, then may be necessary. Landlord shall also be relieved of any further responsibilityentitled to such other remedies as may be provided it by law or in equity.

Appears in 1 contract

Samples: Lease (Obsidian Enterprises Inc)

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, law or pursuant to the provisions of this Lease, Tenant shall: (ia) Deliver Restore the Premises to the same condition in which they were in at the condition required under beginning of the Lease Term (other than as contemplated by except for: reasonable wear and tear; maintenance, repairs, and replacements for which Landlord is responsible pursuant to Section 7.1 8(a) above; and approved alterations, additions or improvements made pursuant to Section 10 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property (including all signs, symbols and trade fixtures trademarks pertaining to its business) from the Premises and the Project and repair any damage to the Premises caused by such removal;; and (iib) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s business and repair any damages to the Premises caused by the signs or their removal. (b) . If Tenant shall fail or refuse to deliver restore the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant cost for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from and the building upon the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, : (a) treat such failure or refusal as if an offer by Tenant to transfer title to such personal property to Landlord, in which event the title thereto shall thereupon pass under this Lease as a xxxx of sale; or (b) treat such failure or refusal as conclusive evidence, on which Landlord shall be entitled to rely absolutely, that Tenant has forever abandoned such personal property. In such either event, Landlord may may, with or without accepting title thereto, keep or remove, store, discarddestroy, discard or otherwise dispose of all or any part of such property thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person person. In no event shall Landlord ever become or entity subject to be charged with the rights duties of a bailee of any personal property of Tenant’s lender provided . The failure of Tenant to remove any personal property from the Premises shall forever bar Tenant from bringing any action or asserting any liability against Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereof. Should Tenant or its lender with respect to the fixtures and equipment fail to remove any such property within twenty (20) days after a which Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the Premises to Landlord upon termination or expiration of the Lease or as agreed uponthis Lease, then Landlord may evict Tenant in accordance with applicable law, and dispossess all persons and effects therefrom. Landlord shall also be relieved entitled to such other remedies as may be provided it by law or in equity in the event of any further responsibilityTenant’s failure or refusal to surrender possession.

Appears in 1 contract

Samples: Industrial Facilities Lease (Xg Sciences Inc)

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, or pursuant to the provisions of this Lease, Tenant shall, within ten (10) business days of such event: (i) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by Landlord’s insurance, remove all of its personal property and trade fixtures from the Premises and the Project and repair any damage caused by such removalremoval and render the Premises with no openings to the elements; (ii) Surrender possession of the Premises to LandlordLandlord in broom clean condition and as otherwise required by this Lease; and (iii) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project all signs, TV antennae and satellite dishes, symbols and trademarks which are connected with or associated specifically with Tenant’s business and repair any damages to the Premises caused by the signs such items or their removal. (b) If Tenant shall fail or refuse to deliver the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such event, Landlord may keep or remove, store, discard, or otherwise dispose of all or any part of such property in any manner that Landlord shall choose choose, without incurring liability to Tenant or to any other person or entity entity, subject to the rights of any Subordination Agreement entered into by Landlord with Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereoflender. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property upon, or within twenty (20) days after a termination or expiration of the Lease or as agreed upon, then Landlord shall be relieved of any further responsibility.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, or pursuant to the provisions of this Lease, Tenant shall:, within twenty (20) days of such event. (i) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property and trade fixtures from the Premises and the Project and repair any damage caused by such removal; (ii) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s 's cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s 's business and repair any damages to the Premises caused by the signs or their removal. (b) If Tenant shall fail or refuse to deliver the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s 's duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such event, Landlord may keep or remove, store, discard, or otherwise dispose of all or any part of such property in any manner that Landlord shall choose without incurring liability to Tenant or to any other person or entity entity, subject to the rights of any Subordination Agreement entered into with Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereoflender. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property within twenty (20) days after a termination or expiration of the Lease or as agreed upon, then Landlord shall be relieved of any further responsibility.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

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Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, law or pursuant to the provisions of this Lease, Tenant shall: (ia) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property and trade fixtures from the Premises and the Project and repair any damage caused by such removal; (ii) Surrender surrender possession of the Premises to Landlord; andLandlord and remove all of Tenant’s property, furnishings, equipment, vehicles, machinery or the like at the Leased Premises and as may be otherwise located in the Building; (iiib) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s business to the extent installed by Tenant and repair any damages to the Premises damage and make any replacements as caused by the signs removal or their removal.any sign, symbol or trademark, or the removal of any property, furnishings, equipment, machinery or the like; (bc) If unless otherwise agreed to in writing by Landlord, forfeit, withdraw, relinquish and abandon all Required Licenses relating to the Leased Premises, and all efforts and applications to obtain such Required Licenses, in a manner that permits Landlord, or Xxxxxxxx’s designee, to serve as a substitute for or replacement of Tenant shall fail or refuse on all such Required Licenses to deliver the Premises fullest extent permitted by applicable law and as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from promptly as possible following the expiration or termination of this Lease; and (d) execute and deliver to Landlord such documents, instruments, and agreements, and takes such further actions, as Landlord reasonably requests to evidence or effectuate satisfaction of the parties hereto agree and stipulate that requirements in the preceding clause (c). If Tenant shall fail to or refuse to surrender possession of the Leased Premises to Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such eventupon expiration of this Lease, Landlord may keep or removereenter the Leased Premises and dispossess all persons and effects therefrom, store, discard, or otherwise dispose of all or any part of using such property in any manner that force as may be necessary as permitted by law. Landlord shall choose without incurring liability also be entitled to Tenant or such other remedies as may be provided to any other person or entity subject to the rights of Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereof. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property within twenty (20) days after a termination or expiration of the it by this Lease or as agreed upon, then Landlord shall be relieved of any further responsibilityat law or in equity.

Appears in 1 contract

Samples: Lease Agreement

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, or pursuant to the provisions of this Lease, Tenant shall:, within twenty (20) days of such event. (i) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property and trade fixtures from the Premises and the Project Property and repair any damage caused by such removal; (ii) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s cost and expense, remove from the exterior and interior of the Premises and the Project Property all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s business and repair any damages to the Premises caused by the signs or their removal. (b) If Tenant shall fail or refuse to deliver the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such event, Landlord may keep or remove, store, discard, or otherwise dispose of all or any part of such property in any manner that Landlord shall choose without incurring liability to Tenant or to any other person or entity entity, subject to the rights of any Subordination Agreement entered into with Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereoflender. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property within twenty (20) days after a termination or expiration of the Lease or as agreed upon, then Landlord shall be relieved of any further responsibility. Tenant shall reimburse Landlord for its costs incurred in such removal, but in any event, no more than seven thousand five hundred dollars ($7,500.00).

Appears in 1 contract

Samples: Lease (Diversified Restaurant Holdings, Inc.)

Termination; Surrender of Possession. (a) Upon the expiration or termination of this Lease, whether by lapse of time, operation of law, or pursuant to the provisions of this Lease, Tenant shall:, within twenty (20) days of such event. (i) Deliver the Premises in the condition required under the Lease (other than as contemplated by Section 7.1 above), ordinary wear and tear excepted and damage covered by insurance, remove all of its personal property and trade fixtures from the Premises and the Project and repair any damage caused by such removal; (ii) Surrender possession of the Premises to Landlord; and (iii) Upon the request of Landlord, at Tenant’s 's cost and expense, remove from the exterior and interior of the Premises and the Project all signs, symbols and trademarks which are connected with or associated specifically with Tenant’s 's business and repair any damages to the Premises caused by the signs or their removal. (b) If Tenant shall fail or refuse to deliver the Premises as hereinabove provided, Landlord may do so and recover its costs from Tenant for so doing. If Tenant shall fail or refuse to comply with Tenant’s 's duty to remove all personal property and trade fixtures from the Premises within twenty (20) days from the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election, treat such failure as if Tenant has abandoned such property. In such event, Landlord may keep or remove, store, discard, or otherwise dispose of all or any part of such property in any manner that Landlord shall choose without incurring liability to Tenant or to any other person or entity entity, subject to the rights of any Subordination Agreement entered into with Tenant’s lender provided Landlord has been given reasonable prior notice of such lender in accordance with Section 13.1 hereoflender. Should Tenant or its lender with respect to the fixtures and equipment fail to remove such property within twenty (20) days after a termination or expiration of the Lease or as agreed upon, then Landlord shall be relieved of any further responsibility.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

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