Common use of TRADE FIXTURES AND SURRENDER Clause in Contracts

TRADE FIXTURES AND SURRENDER. 11.1 Upon the expiration or sooner termination of the Term hereof, Tenant shall surrender the Premises including, without limitation, all apparatus and fixtures then upon the Premises, in good condition and repair, reasonable wear and tear excepted, broom clean and free of trash and rubbish, subject, however to the following: a. Tenant shall remove all Alterations which Landlord has designated to be removed pursuant to Section 9.5 above and shall leave all Alterations which Landlord has designated pursuant to that Section must remain; b. If no consent was required or obtained, Tenant shall either remove or leave all Alterations which Landlord prior to the end of the Term designates in writing to Tenant must be removed or left in place; c. Tenant at its election may remove or leave all Alterations with respect to which Landlord has not made a designation as described in (a) or (b) above. d. Tenant shall remove all of Tenant's Personal Property (as defined in Section 11.3 below). e. Tenant shall repair all damage caused by removal of its Personal Property and any Alterations Tenant is permitted to remove. Notwithstanding anything to the contrary herein, Tenant Improvements and any Special Tenant Improvements shall be the property of Landlord throughout the Term to the extent of the amount of the Tenant Improvement Allowance, and such improvements may not be removed by Tenant without Landlord's prior written consent. To the extent the costs of Tenant Improvements and/or Special Tenant Improvements exceed the Tenant Improvement Allowance, such improvements shall be owned by Tenant throughout the Term. At the end of the Term, all Tenant Improvements and Special Tenant Improvements which Tenant is not required to remove in accordance with the terms hereof shall be surrendered by Tenant without any injury, damage or disturbance thereto, and Tenant shall not be entitled to any payment therefore.

TRADE FIXTURES AND SURRENDER. 11.1 12.1 Upon the expiration or sooner termination of the Term term hereof, Tenant shall surrender the Premises including, without limitation, all keys and all apparatus and fixtures then upon the Premises, in as good condition and repairas when received, reasonable wear and tear alone excepted, broom clean and free of trash and rubbishrubbish and, subjectsubject to Landlord's election set forth in Paragraph 10.4, however with all alterations, changes, additions and improvements which may have been made or installed from time to time either by Landlord or Tenant in, on or about the following: a. Tenant shall remove all Alterations which Landlord has designated to be removed pursuant to Section 9.5 above and shall leave all Alterations which Landlord has designated pursuant to that Section must remain; b. If no consent was required or obtained, Tenant shall either remove or leave all Alterations which Landlord prior to the end Premises. All of the Term designates in writing to Tenant must be removed or left in place; c. Tenant at its election may remove or leave all Alterations with respect to which Landlord has not made a designation as described in (a) or (b) above. d. Tenant shall remove all of Tenant's Personal Property (as defined in Section 11.3 below). e. Tenant shall repair all damage caused by removal of its Personal Property and any Alterations Tenant is permitted to remove. Notwithstanding anything to the contrary herein, Tenant Improvements and any Special Tenant Improvements same shall be the property of Landlord throughout the Term to the extent of the amount of the Tenant Improvement Allowance, and such improvements may not be removed by Tenant without Landlord's prior written consent. To the extent the costs of Tenant Improvements and/or Special Tenant Improvements exceed the Tenant Improvement Allowance, such improvements shall be owned by Tenant throughout the Term. At the end of the Term, all Tenant Improvements and Special Tenant Improvements which Tenant is not required to remove in accordance with the terms hereof shall be surrendered by Tenant without any injury, damage or disturbance thereto, and Tenant shall not be entitled to any payment thereforetherefor. Said property of Landlord shall include, without limitation, all lighting fixtures, fluorescent tubes and bulbs, and all partitions whether removable or otherwise. 12.2 Moveable trade fixtures, furniture and other personal property installed in the Premises by Tenant at its cost shall be Tenant's property unless otherwise provided in this Lease and if not in default hereunder, Tenant shall remove all of the same specifically including Tenant's identification signs, the teller under counter equipment night drop vault ATM vault and vault door prior to the termination of this Lease and at its own cost and repair any damage to the Premises and the building caused by such removal and restore the exterior of the Premises to its original condition. If Tenant fails to remove any of such property, Landlord may at its option retain such property as abandoned by Tenant and title thereto shall thereupon vest in Landlord, or Landlord may remove the same and dispose of It in any manner and Tenant shall, upon demand, pay Landlord the actual expense of such removal and disposition plus the cost of repair of any and all damage to said Premises and building resulting from or caused by s uch removal. 12.3 The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Landlord terminate all or any existing subleases and subtenancies, or may, at Landlord's option, operate as an assignment to it of any or all such subleases or subtenancies. 12.4 If, at any time during the last thirty (30)days of the term hereof, Tenant has removed all or substantially all of its aforesaid property from the Premises, Landlord shall thereafter have the right to enter said Premises for the purpose of altering, renovating and/or redecorating the same. Any such entry or work by Landlord shall not entitle Tenant to any abatement of rent or any other sum payable hereunder nor shall such entry or work be deemed an eviction or disturbance of Tenant's use and occupancy.

TRADE FIXTURES AND SURRENDER. 11.1 Upon the expiration or sooner termination of the Term term hereof, Tenant shall surrender the Premises including, without limitation, all apparatus and fixtures (excluding Tenant's Personal Property) then upon the Premises, in as good condition and repairas when received, reasonable wear and tear alone excepted, broom clean and free of trash and rubbishrubbish and with carpets vacuumed, subjectcleaned and shampooed and/or vinyl tile floors swept, however wet mopped and polished, and/or concrete floors swept, subject to Landlord's election set forth in Paragraph 9.4 above to require Tenant to remove any or all alterations, changes, additions and Tenant Improvements which may have been made or installed from time to time either by Landlord or Tenant in, on or about the following: a. Tenant shall remove all Alterations which Landlord has designated Premises, and to be removed pursuant to Section 9.5 above and shall leave all Alterations which Landlord has designated pursuant to that Section must remain; b. If no consent was required or obtained, Tenant shall either remove or leave all Alterations which Landlord prior to the end of the Term designates in writing to Tenant must be removed or left in place; c. Tenant at its election may remove or leave all Alterations with respect to which Landlord has not made a designation as described in (a) or (b) above. d. Tenant shall remove all of Tenant's Personal Property (as defined in Section 11.3 below). e. Tenant shall repair all damage caused by removal such removal. All of its Personal Property and any Alterations Tenant is permitted to remove. Notwithstanding anything to the contrary herein, Tenant Improvements and any Special Tenant Improvements same shall be the property of Landlord throughout the Term to the extent of the amount of the Tenant Improvement Allowance, and such improvements may not be removed by Tenant without Landlord's prior written consent. To the extent the costs of Tenant Improvements and/or Special Tenant Improvements exceed the Tenant Improvement Allowance, such improvements shall be owned by Tenant throughout the Term. At the end of the Term, all Tenant Improvements and Special Tenant Improvements which Tenant is not required to remove in accordance with the terms hereof shall be surrendered by Tenant without any injury, damage or disturbance thereto, and Tenant shall not be entitled to any payment thereforetherefor. Said property of Landlord shall include, without limitation, all lighting fixtures, fluorescent tubes and bulbs, and all no removable partitions. 11.2 Within thirty (30) days of its Lease expiration, Tenant shall notify Landlord in writing of the manner and means in which it will remove any and all Hazardous Substances used in the Premises during its occupancy. Tenant shall also certify in writing upon delivery of Premises to Landlord that all Hazardous Substances were removed in accordance with all governmental and regulatory laws and that the Premises were returned to Landlord in accordance with Article 11 herein. 11.3 Moveable trade fixtures, furniture and other personal property (collectively, Tenant's "Personal Property") installed in the Premises by Tenant at its cost shall be Tenant's property unless otherwise provided in this Lease and, if not in default hereunder, Tenant shall remove all of the same prior to the termination of this Lease and at its own cost repair any damage to the Premises and the building thereto caused by such removal. If Tenant fails to remove any of such property, Landlord may at its option retain such property as abandoned by Tenant and title thereto shall thereupon vest in Landlord, or Landlord may remove the same and dispose of it in any manner and Tenant shall, upon demand, pay Landlord the actual expense of such removal and disposition plus the cost of repair of any and all damage to said Premises and the building thereto resulting from or caused by such removal. 11.4 The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Landlord terminate all or any existing subleases and subtenancies, or may, at Landlord's option, operate as an assignment to it of any or all such subleases or subtenancies. 11.5 If, at any time during the last thirty (30) days of the term hereof, Tenant has removed all or substantially all of its aforesaid property from the Premises, Landlord shall thereafter have the right to enter said Premises for the purpose of altering, renovating and/or redecorating the same. Any such entry or work by Landlord shall not entitle Tenant to any abatement of rent or tiny other sum payable hereunder nor shall such entry or work be deemed an eviction or disturbance of Tenant's use and occupancy.