Common use of Vacating the Leased Premises Clause in Contracts

Vacating the Leased Premises. 23.1. The Lessee undertakes to vacate the Leased Premises upon expiration of the Term of Lease or upon shortening thereof or following the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises when the Leased Premises are free from any person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating the Leased Premises for any reason, the Lessee shall furnish to the Lessor the approvals from any municipal and/or governmental and/or other authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in vacating the Leased Premises. In case the delay in vacating the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the right of the Lessor to seek any other relief and/or compensation for a higher rate, including compensation imposed on the Lessor, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, and without derogating from the aforesaid, the Lessee shall be obligated the pay any payment of the Rent and the Management Fees in respect of the period of the delay in vacating the Leased Premises, including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 above.

Appears in 3 contracts

Samples: Lease Agreement (PolyPid Ltd.), Lease Agreement (PolyPid Ltd.), Lease Agreement (PolyPid Ltd.)

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Vacating the Leased Premises. 23.1. 25.1 The Lessee undertakes that immediately at the end of the lease period, or upon cancellation of this agreement for any reason whatsoever, according to the earliest (hereafter "Leased Premises Vacating Date"), it shall vacate the Leased Premises upon expiration of leased premises and hand the Term of Lease or upon shortening possession thereof or following the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole possession Lessor, where the leased premises are free of any person and object which does not belong to the Lessor, in a good, clean and functional condition as received, subject to natural reasonable wear. The leased premises shall be handed to the Lessor when with any renovation, improvement, addition, change, repair of installation permanently attached to the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed leased premises (except telephone lines installed by the Lessee and at its expense) which shall become the property of the Lessor, all even if these were installed and/or added by the Lessee and at its expense, unless the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed demanded that the Lessee shall vacate the said installation and addition from the leased premises, all or part thereof, where the Lessee is committed to perform this demand at its expense and revert the leased premises to its previous condition in full or partially, all according to the instructions of the Lessor. It is hereby clarified that the Lessee is entitled to remove from the leased premises any equipment that is not be obligated permanently attached to leave the premises. To remove any doubt, it is clarified that any object and/or equipment and/or accessories and/or inventory which are not the property of the Lessor pursuant to this agreement which are left behind in the Leased Premises electrical cabinets that will be installed by leased premises after the Lessee in vacates it, shall become the ground floor, provided that the removal property of the said electrical cabinets from Lessor after the Leased Premises shall not cause any damage or breakdown premises are vacated and the Lessee shall perform waivers any repair complaint and/or demand and/or claim in their respect. 25.2 The Lessee undertakes that is necessary after their removal so in the event that it does not vacate the Leased Premises shall be returned when they are leased premises in good and operable condition. Subject to accordance with the provisions set forth provision of this clause above, the Lessee it shall return the Leased Premises when the Leased Premises are free from any person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating the Leased Premises for any reason, the Lessee shall furnish to the Lessor the approvals from any municipal and/or governmental and/or other authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to pay the Lessor for the purpose of assuring period from the fulfillment of leased premises vacating date and the undertakings of actual vacating date an amount that equals the Lessee double rent, for every month or any part thereof. 23.3, according to a daily calculation. The Lessee shall pay to declares that this amount was determined and agreed upon between the parties as the fixed damages, agreed upon in advance evaluated by the parties with discretion and in advance as the reasonable damages incurred by the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to failure to vacate the Lessor in respect of leased premises on the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in leased premises vacating the Leased Premisesdate. In case the delay in vacating the Leased Premises was greater than 30 daysTo remove any doubt, the Lessee shall pay to declares that nothing in this clause can affect any right of the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaidLessor, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate including and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the generality of the provision, the right of the Lessor to seek exercise sureties it received and the right of the Lessor to demand fulfillment of all the obligations of the Lessee pursuant to this agreement and no payment in accordance with this clause releases the Lessee for the obligation to vacate the leased premises. 25.3 The Lessee declares and undertakes that in the event that it does not vacate the leased premises in accordance with the provision of this clause above, then the Lessor and/or the managing company shall be entitled, in addition to reliefs available to them pursuant to the agreement and according to any law, to demand from the Lessee all the amounts, payments, taxes, liabilities, appropriate usage fees, expenses, losses and any other relief payment for the period from the leased premises vacating date to the actual vacating date, as if the lease period continued, all without derogating the obligation of the Lessee to vacate the leased premises. 25.4 To remove any doubt, the Lessee declares that payment and/or compensation receipt of appropriate usage fees and/or payments in accordance with this clause do not create leasing relations between the parties for a higher rate, including compensation imposed the period after the leased premises vacating date. 25.5 The Lessee declares that in the event that it does not vacate the leased premises on its own on the leased premises vacating date, the Lessor and/or whoever acts on its behalf are entitled to enter the leased premises and evict from it any person and object belonging or related to the Lessee and/or serve it for its business, all according to the sole absolute discretion of the Lessor. 25.6 The Lessor shall be entitled to perform the eviction is during 30 days prior to the eviction of the Lessee, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, Lessee did not operate business in the leased premises and without derogating did not pay rent during those 30 days and also did not respond to notices sent to it within 10 days from the aforesaidsending date. In such a case, the Lessor shall be entitled to employ reasonable force during the eviction, if needed and shall be entitled to handle the property and equipment in the premises at its sole and absolute discretion. The Lessor shall be entitled to vacate the property and equipment to any place it deems fit and in such case, the Lessee shall be obligated charged with transportation fees, rent and storage, determined by the pay any payment of the Rent Lessor at its sole and absolute discretion and the Management Fees Lessee waivers in respect of advance any complaint about the period of total amount determined by the delay in vacating the Leased Premises, including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 aboveLessor.

Appears in 3 contracts

Samples: Rental Agreement (BioCancell Ltd.), Rental Agreement (Biocancell Therapeutics Inc.), Rental Agreement (Biocancell Therapeutics Inc.)

Vacating the Leased Premises. 23.116.1. The Immediately after expiration of the Term of Lease and/or upon the lawful termination of this Agreement, the Lessee undertakes to vacate the Leased Premises upon expiration of the Term of Lease or upon shortening thereof or following the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole Lessor exclusive possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises therein when the Leased Premises are free from any person and article owned by the Lessee and in their condition at the expense time after performance of the LesseeAlterations that the Lessee performed including reasonable wear in the Leased Premises. 23.216.2. In 30 days as of On the evacuation date of vacating the Leased Premises for any reasonand upon receiving the written demand of the Lessor in connection therewith, the Lessee shall furnish to the Lessor the approvals from any municipal and/or governmental and/or other entity and authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards debts in connection with the Leased Premises and that the Lessee is obligated to pay in accordance with the provisions set forth in this Agreement, until the evacuation date. 16.3. Without derogating from any of other provision set forth in this Agreement and any other right and relief the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For Lessor may seek in accordance with the avoidance of doubtprovisions set forth in this Agreement and/or in accordance with the provisions set forth in any law, in case the event the Lessee fails to furnish all return possession in the approvals as aforesaid on timeLeased Premises to the Lessor upon expiration of the Term of Lease or after the lawful termination of this Agreement, the Lessee shall be deemed undertakes to make the following payments to the Lessor: Usage fees for the purpose period as of this Agreement as if it did not make the said payments and date in which the Lessor shall have all rights in connection therewith, including Lessee was obligated to return the right to enforce the securities that were provided Leased Premises to the Lessor for and until the purpose Leased Premises are actually returned to the Lessor, at a rate of assuring the fulfillment 180% of the undertakings monthly Rent at the time (or a relative part thereof for part of a month). 16.4. Without derogating from the foregoing, it is hereby agreed that during the entire period commencing on the date in which the Lessee or any part thereof. 23.3. The Lessee shall pay was obligated to vacate the Lessor pre-estimated liquidated damages in an amount equal to Leased Premises and until the Rent due to the Lessor in respect actual evacuation of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in vacating the Leased Premises. In case the delay in vacating the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the right of the Lessor to seek any other relief and/or compensation for a higher rate, including compensation imposed on the Lessor, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, and without derogating from the aforesaid, the Lessee shall be obligated to pay all other payments in accordance with the pay provisions set forth in this Agreement including Appendixes thereof and shall not grant to the Lessee permission to continue and possess the Leased Premises and such payment shall not grant to the Lessee any payment of the Rent right to continue and the Management Fees in respect of the period of the delay in vacating possess the Leased Premises. 16.5. Without derogating from the foregoing, the Lessor may seek any relief in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. 16.6. Breach of the provisions set forth in this Section 15 [sic] including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 abovesubsections thereof, shall constitute a fundamental breach of this Agreement.

Appears in 2 contracts

Samples: Lease Agreement (Gamida Cell Ltd.), Lease Agreement (Gamida Cell Ltd.)

Vacating the Leased Premises. 23.122.1. The Lessee Tenant undertakes to vacate the Leased Premises that immediately upon expiration of the Term of Lease or upon shortening thereof or following the lawful termination or the expiration of this Lease Agreement, whichever is earlier and as Agreement for any reason (hereinafter: the case may be, and return “Evacuation Date of the Leased Premises”) the Tenant will vacate the Leased Premises and will deliver possession therein to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises Landlord when the Leased Premises are free from any person and article owned by the Tenant and at subject to natural and reasonable wear. The Leased Premises will be delivered to the expense of the Lessee. 23.2. In 30 days as of the date of vacating Landlord when they include any renovation, improvement, addition, repair or fixture therein even if these were installed and/or added to the Leased Premises by the Tenant at its expense, including air-conditioning systems, mechanical systems, electrical systems etc. subject to the provisions of Section 19 above. For the avoidance of doubt it is clarified that any object and/or equipment and/or accessories and/or inventory that are not part of the Landlord’s property in accordance with this Agreement and that are left in the Leased Premises after the Leased Premises are vacated by the Tenant shall become the property of the Landlord for any reasonno payment after the Tenant vacates the Leased Premises. 22.2. The Tenant undertakes that in the event it does not vacate the Leased Premises on the Evacuation Date of the Leased Premises and not for a period of 7 (seven) additional days, the Lessee shall furnish Tenant will pay to the Lessor Landlord for the approvals from period between the Evacuation Date of the Leased Premises and the actual evacuation date an amount equal to the multiple of two months of the Rent in respect of each month or any municipal and/or governmental and/or other authority and/or from any entity part thereof according to its relative part, during the period the Tenant does not vacate the Leased Premises. The Tenant declares that this amount was set and was agreed between the parties as pre-estimated liquidated damages that the Lessee undertook parties set after applying their judgment as the reasonable amount of the damage caused to the Landlord as a result of failure to vacate the Leased Premises on the Evacuation Date of the Leased Premises. For the avoidance of doubt the Tenant declares that the said in this Agreement Section shall be without prejudice to make direct payments toany right of the Landlord and any payment made in accordance with this Section will not release the Tenant from its obligation to vacate the Leased Premises. 22.3. The Tenant declares and warrants that in the event it fails to vacate the Leased Premises on the Evacuation Date of the Leased Premises the Landlord and/or the Management Company shall be entitled, and evidencing that the Lessee made all payments relating in addition to the Term of Leasereliefs granted to them under Section 22.2, and that in accordance with the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubtSignature and Stamp: XXXXX-ONCOLOGY ISRAEL Ltd., in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3Company Reg. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in vacating the Leased PremisesNo. In case the delay in vacating the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the right of the Lessor to seek any other relief and/or compensation for a higher rate, including compensation imposed on the Lessor, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, and without derogating from the aforesaid, the Lessee shall be obligated the pay any payment of the Rent and the Management Fees in respect of the period of the delay in vacating the Leased Premises, including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 above.515748697]

Appears in 2 contracts

Samples: Lease Agreement (Ayala Pharmaceuticals, Inc.), Lease Agreement (Ayala Pharmaceuticals, Inc.)

Vacating the Leased Premises. 23.112.1. The Lessee undertakes to vacate the Leased Premises upon Upon expiration of the Term of Lease or upon shortening thereof or following and/or the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises Option Term (to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto extent that were performed by the Lessee and/or the Lessor there is any) or in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth abovethis Agreement was lawfully terminated and/or expired, the Lessee shall return vacate the Leased Premises and shall return possession therein to the Lessor when the Leased Premises are free from any person and article belonging to the Lessee and/or anyone acting on its behalf and when the Leased Premises are in working order and in their condition on the lease commencement date in accordance with the Primary Lease Agreement and except for reasonable wear due to the ordinary use of the Leased Premises (and subject to the provisions set forth in Sections 7.2 and 7.3 of the Primary Lease Agreement regarding the adjustments that were performed in the Leased Premises by the Lessor and the right of the Owner to demand that the said adjustments shall not be removed). For the avoidance of doubt, it is clarified that the provisions set forth in the First Lease Agreement regarding modifications and additions performed in the Leased Premises shall apply until the commencement date of the lease in accordance with the Primary Lease Agreement. For the avoidance of doubt, the Lessor shall not be held liable in any manner in connection with the condition of the Leased Premises upon expiration of the Agreement. 12.2. The parties agree that upon expiration of the Term of Lease and/or the Option Term (to the extent that there is any) or in the event this Agreement was lawfully terminated and/or expired for any reason, and unless otherwise required in writing by the Owner, all the additions and facilities that are attached to the Leased Premises and that by their nature constitute part of the building and cannot be reasonably removed from the building shall remain in the Leased Premises for no additional consideration including, and without derogating from the generality of the aforesaid, the following: elevators, building cladding, fire suppression and fire detection utilities (except for systems that are extraneous to the building, electronic fire suppression control panels, fire extinguishers and portable hoses), air-conditioning system (except for chillers, split air-conditioning units, air treatment units, chiller units), sinks (kitchens and toilet rooms), toilet bowls, central electricity utility, water and plumbing utilities and fences and exterior doors (it is clarified that this is not a final list and that under no circumstances the said items are the only items that will be left in the Leased Premises). It is further clarified that all construction additions that were performed in the Leased Premises during the Term of Lease contemplated in this Agreement and/or during the Term of Lease in accordance with the Primary Lease Agreement shall remain in the Leased Premises and shall constitute an integral part thereof and shall remain in their condition "as-is" except for reasonable wear as a result of the ordinary use of the Leased Premises, unless the Owner demanded otherwise in writing, at least 90 days prior to expiration of the Term of Lease. It is clarified that the Owner shall be entitled to demand to leave only part of the additions and the facilities. In the event this Agreement is terminated prior to the expiration of the Term of Lease and/or prior to the expiration of the Option Term (to the extent that there is any), and prior to the termination of the Primary Lease Agreement, the provisions regarding the evacuation of the Leased Premises in accordance with Sections 12.1 and 12.2 above shall apply, when the Lessor shall have sole discretion whether to keep or remove of any modifications and/or a part thereof, in accordance with the provisions set forth in Sections 12.1 and 12.2 above, and to the extent that it is necessary to leave modifications in the Leased Premises as aforesaid, the said modifications shall be transferred to the ownership of the Leased Premises for no consideration. 12.3. Subject to the provisions set forth in Section 12.2 above, the Lessee shall remove from the Leased Premises all the portable equipment and facilities that naturally do not include part of the building and can be reasonably removed from the building, except for the equipment and facilities that belong to the Lessor and/or anyone acting on its behalf, at its expense and under its responsibility, and prior to expiration of the Term of Lease, and on the condition that any damage that is caused to the Leased Premises as a result of the dismantling shall be repaired by the Lessee and at its expense prior to expiration of the expense Term of Lease. In the event the Lessee requested not to remove the equipment and the facilities as aforesaid and the Lessor agreed to the said request, the said equipment and facilities shall become the property of the Lessor without payment of consideration to the Lessee. 23.212.4. In 30 days as of expiration of the date Term of vacating the Leased Premises for any reason, Lease the Lessee shall furnish deliver to the Lessor the all approvals from any municipal and/or governmental and/or other authority and/or from any entity that all the Lessee undertook in this Agreement relevant authorities including the municipality, Israel Electric Corp., Ministry of Environmental Protection (to make direct payments tothe extent required by law), and evidencing that the Lessee made paid all payments relating to the Term of Lease, and that due from the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish fulfilled all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereofits undertakings. 23.312.5. The Lessee shall pay to the Lessor for each day in which the Lessee delays in vacating the Leased Premises and returning possession therein to the Lessor in accordance with the provisions set forth in Sections 12.1 and 12.2 above, pre-estimated liquidated damages in an amount that shall be equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in vacating the Leased Premises. In case the delay in vacating the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to two times the Rent due to the Lessor for the last month day of lease of the Term of Lease contemplated in this Agreement however as aforesaid, divided by 10, for each day of delay a minimum and in vacating an amount that shall not be greater than the Leased Premises. 23.4. The parties declare amount that the said amount constitutes adequate and agreed compensation for Lessor was required to pay to the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the right Owner by virtue of the Lessor to seek any other relief and/or compensation for a higher rate, including compensation imposed on the Lessor, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, Primary Lease Agreement and without derogating from any other right or relief the aforesaidLessor may seek in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. 12.6. Without derogating from any right and/or relief the Lessor may seek in accordance with this Agreement, in the event the Lessee shall be obligated the pay any payment of the Rent and the Management Fees in respect of the period of the delay in vacating fails to vacate the Leased Premises, including and in particular Premises on the payments for which the Lessee is obligated to furnish approvals dates as stated in Section 23 abovethis Agreement, the Lessor shall be entitled to enter the Leased Premises and remove from the Leased Premises the entire property of the Lessee, in accordance with the provisions set forth in any law.

Appears in 1 contract

Samples: Sublease Agreement (MediWound Ltd.)

Vacating the Leased Premises. 23.126.1. The Lessee undertakes to shall vacate the Leased Premises upon expiration of the Term of Lease or upon shortening thereof or following the termination or the expiration of each Option Term if and to the extent that these were granted to the Lessee in accordance with the provisions set forth in Appendix A and if and to the extent that they are realized in accordance with the provisions set forth in this Lease Agreement, whichever is earlier and as or upon termination of this Agreement for any reason, in accordance with the case may beprovisions set forth in this Agreement and/or in accordance with the provisions set forth in any law, and shall return the Leased Premises to the sole possession of the Lessor Company when the Leased Premises include all the additions and/or works and/or improvements fixtures attached thereto that were performed by the Lessee and/or the Lessor in permanently to the Leased Premises, however except for no consideration, and subject to reasonable wear, however in any event when designated machines that are required for conducting the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal business of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Lessee. The Leased Premises shall be returned when they are in good and operable conditionready for use, except for reasonable wear at the discretion of the Company. Subject to the provisions set forth above, the The Lessee shall return the Leased Premises when to the Lessee together with the keys of their doors and openings. 26.2. For the avoidance of doubt it is hereby clarified that the Lessee shall not be entitled to remove from the Leased Premises are free from any person and article and at the expense part of the Lesseeadditions and alterations that are included in the adjustment works that the Company performed in the Leased Premises, if and to the extent that the Company performed the said works in accordance with the provisions set forth in Appendix A hereby enclosed with this Agreement, and such additions and alterations as aforesaid shall be the exclusive property of the Company. 23.226.3. In 30 days as addition, upon expiration of the date Term of vacating Lease or upon termination of the Agreement for any reason or upon the actual evacuation of the Leased Premises for any reasonPremises, whichever is later, the Lessee shall furnish deliver to the Lessor Company certificates issued by the approvals from any municipal and/or governmental and/or other authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and municipality stating that the Lessee has no debt in respect of taxes or obligation towards any fees to the municipality in connection with the Leased Premises, until expiration of the Term of Lease or each of the Option Terms, if and to the extent that the Lessee was granted Options in accordance with the provisions set forth in Appendix A, and if and to the extent that these Options are realized in accordance with the provisions set forth in this Agreement, or until the date of termination of the Agreement for any reason, or until the actual evacuation date, whichever is later, according to the customary form in the said entitiesauthorities. 26.4. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For Without derogating from the avoidance of doubtsaid in section 27.1 hereunder, in case the Lessee fails to furnish all vacate the approvals Leased Premises as aforesaid on timestated in subsection 26.1 above, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3. The Lessee shall pay to the Lessor Company pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, (hereinafter: “Liquidated Damages”) for each day of delay in vacating the Leased Premises. In case , in an amount that is equal to three times of the delay in vacating Rent applicable to the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for respect of one day of lease in the last month of the last year of lease as aforesaid, divided by 10, for in addition to Management Fees. The Liquidated Damages shall be linked to the index and the Company shall calculate the linkage each day of delay in vacating the Leased Premises. 23.4month. The parties declare that set this amount after a prudent and reasonable estimate as the said amount constitutes adequate and agreed compensation for of the damage that caused to the parties envision as a probable outcome Company in the event of a delay in vacating the Leased Premises by the Lessee. 26.5. The Lessee shall pay to the Company the Liquidated Damages amount in addition to linkage differentials no later than 14 days as aforesaid, without derogating from the right of the Lessor date of receiving the first demand of the Company to that effect. Payment of the Liquidated Damages shall not constitute approval or agreement for the delay in evacuation and shall not impair or derogate from any right, relief or remedy the Company may seek in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any other relief and/or compensation for a higher ratelaw, including compensation imposed on its right to take action for the Lessor, if any, towards any substitute lesseepurpose of vacating the Leased Premises. 23.526.6. For the avoidance of doubt, the obligations applicable to the Lessee as stated in this section shall also apply after expiration of the Term of Lease and without derogating the Option Terms, if and to the extent that the Lessee was granted Options in accordance with Appendix A, and if and to the extent that they are realized in accordance with the provisions set forth in this Agreement and until the actual evacuation of the Leased Premises. 26.7. In case this Agreement expires or is terminated in accordance with its provisions and/or in accordance with the provisions set forth in any law and/or in case a peremptory judgment instructing the eviction of the Lessee from the aforesaidLeased Premises is delivered, and the Lessee fails to vacate the Leased Premises forthwith, the Lessee Company shall be obligated entitled to call for payment all the pay any securities, including the guarantee that the Lessee provided to the Company as stated in section 5 above and that were not called for payment until the expiration or termination of the Rent Lease Agreement, or until delivery of the judgment regarding eviction, for the purpose of collecting the Liquidated Damages and any adequate usage fees that are due to the Management Fees Company in respect of the period as of the delay in vacating date of termination of the Agreement as aforesaid or the delivery of the judgment and until the actual evacuation of the Leased Premises. 26.8. The provisions set forth in this subsection shall not constitute waiver of any of the rights of the Company towards the Lessee in accordance with this Agreement or in accordance with the provisions set forth in any law, including and shall not be deemed as a permit granted to the Lessee to use the Leased Premises after expiration or termination of the Lease Agreement or after the issuance of a judgment regarding eviction as aforesaid. 26.9. The termination of this Agreement in accordance with the provisions set forth in section 27.1 hereunder shall not impair the undertakings of the Lessee in accordance with the provisions set forth in this section above. 26.10. Without derogating from the said in this section above, and in particular addition to all the payments for which other reliefs and remedies that the Lessee Company may seek in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law, it is obligated hereby agreed that upon expiration of the Term of Lease and/or in any event of expiration or termination of this Agreement, whichever is earlier, the Company shall be entitled to furnish approvals handle the Leased Premises or any part thereof as stated in Section 23 aboveif it is their owner.

Appears in 1 contract

Samples: Lease Agreement (BiondVax Pharmaceuticals Ltd.)

Vacating the Leased Premises. 23.120.1. The Lessee undertakes to vacate that no later than the Leased Premises upon expiration of the Term of Lease or upon shortening thereof or following the termination or the expiration of and/or in case this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole possession of Agreement was terminated by the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject due to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed its breach by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to accordance with the provisions set forth abovein this Agreement and/or in accordance with the provisions set forth in any law, it shall vacate the Lessee Leased Premises and shall return deliver the Leased Premises when the Leased Premises are free from any person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating when the Leased Premises for any reasonare in good condition, in working order and organized in the manner delivered to the Lessee shall furnish to the Lessor the approvals from any municipal and/or governmental and/or other authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in section 12 above and subject to reasonable wear caused by careful and prudent use of the Leased Premises by the Lessee in accordance with the provisions set forth in this Agreement. For the avoidance of doubt it is hereby agreed that the Leased Premises shall be returned to the Lessor when they are painted or whitewashed by the Lessee and at its expense in a color or tint, with materials and in the quality that the Lessor delivered the Leased Premises to the Lessee. 20.2. In case the Lessee failed to uphold its undertakings in accordance with the provisions set forth in section 20.1 above, then without derogating from the right of the Lessor to exercise its rights in any manner it deems fit and without derogating from any other right the Lessor may seek in accordance with the provisions set forth in any law and/or agreement under the circumstances of the case, the Lessee shall be obligated to pay to the Lessor, and as long as it did not fulfill its undertakings as stated above, adequate usage fees in a rate equal to three times of the relative Rent due in respect of the Leased Premises for each day the period of delay, in addition to linkage differentials, VAT and on a daily basis. [Signature and Stamp: Africa Israel Properties Ltd][Signature and Stamp: Sxxxxx Ltd] [Signature and Stamp: SciGen Il Ltd513679555] 20.3. The adequate usage fees shall be linked to the index and the provisions set forth in section 7.1 above shall apply, mutatis mutandis. 20.4. In addition, the Lessee shall be obligated to pay the taxes and the payments specified in section 8 above and the maintenance fees for the Building in addition to VAT in respect of the period of delay in vacating the Leased Premises. In case It is hereby agreed that in respect of payment of the delay in vacating the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease maintenance fees as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of aforesaid a delay in vacating the Leased Premises for part of a month shall be deemed as a delay of one whole month. 20.5. The payment date of the usage fees in respect of each day of delay shall be in the beginning of each day of delay as stated above. 20.6. All liquidated damages specified in this section 20 were set after careful and prudent evaluation with relation to the reasonable damages that are foreseeable at the time of signing this Agreement that are caused to the Lessor due to failure by the Lessee to vacate the Leased Premises on time. The Lessee shall not argue that the said amount was set as a fine and the Lessee shall be precluded from raising such an argument as aforesaid and the Lessor shall be exempt from proving the existence of actual damage and/or rate thereof. 20.7. It is hereby agreed and declared expressly by the parties that the said in section 20.2 above shall not release the Lessee from its undertakings in accordance with section 20.1 above and/or grant to the Lessee any right of any kind including, however without derogating from the generality of the aforesaid, without derogating any right of lease that is protected by law and/or shall not constitute agreement on behalf of the Lessor to extend the Term of Lease in the Leased Premises by the Lessee and/or constitute any waiver on behalf of the Lessor to the Lessee and/or derogate or diminish from its rights and/or derogate from the right of the Lessor to seek any other relief and remedy in accordance with the provisions set forth in this Agreement and/or compensation for a higher ratein accordance with the provisions set forth in any law, including compensation imposed on the Lessor, if any, towards any substitute lessee. 23.5. For expulsion of the avoidance of doubt, and without derogating Lessee from the aforesaidLeased Premises and additional damages for any damage caused to the Lessor due to failure of the Lessee to vacate the Leased Premises on time. [Signature and Stamp: Africa Israel Properties Ltd][Signature and Stamp: Sxxxxx Ltd] [Signature and Stamp: SciGen Il Ltd513679555] 20.8. In case at the time of vacating the Leased Premises and returning the Leased Premises to the Lessor the Leased Premises are not in the condition as stated in section 20.1 above, the Lessee shall be obligated to return to the pay any payment of Lessor, immediately upon receiving its first demand, all the Rent and expenses that the Management Fees Lessor spends in respect of order to restore the period of Leased Premises to the delay condition in vacating which the Lessee was required to return the Leased Premises. In addition, including the Lessee shall be obligated to compensate the Lessor for any damage, loss and loss of profit arising out of the condition of the Leased Premises and/or the need to restore the Leased Premises to a good condition and all works associated therewith. 20.9. Vacating the Leased Premises and returning the Leased Premises shall be made in particular the payments presence of the Lessor and the Lessee that shall draft a protocol of evacuation that reflects the condition of the Leased Premises. In any event in which the evacuation is performed not in the presence of the Lessee since the Lessee or anyone acting on its behalf failed to appear on the date that was set to draft the protocol the protocol shall be drafted by the Lessor itself and its content shall bind the Lessee. 20.10. In addition any right that the Lessor may seek in accordance with the provisions set forth in any agreement and law, in case the Lessee fails to vacate the Leased Premises on time the Lessor, or anyone appointed by the Lessor, shall be entitled and authorized, and the Lessee hereby grants its approval and authorization in respect whereof, to enter the Leased Premises and break the locks and replace the locks of the Leased Premises with other locks and while exercising reasonable force and receive exclusive possession therein and remove the chattel of the Lessee therefrom and store it at the expense and under the responsibility of the Lessee in any location it deems fit and the Lessee shall be obligated to return to the Lessor all the expenses the Lessor incurs in connection therewith. The Lessor shall not be held liable for any damage of any kind caused to the Lessee and/or property thereof, if any, at the time of performing the said actions by the Lessor. 20.11. In addition to the said in this section – the Lessor shall be entitled to make any transaction – in any manner it deems fit – in any item of chattel that was not vacated by the Lessee and that is found in the Leased Premises after the date in which the Lessee is obligated was required to furnish approvals vacate the Leased Premises. The Lessee hereby empowers the Lessor to sell, charge, transfer, or lease any item of chattel as stated aforesaid to whoever the Lessor deems fit. [Signature and Stamp: Africa Israel Properties Ltd][Signature and Stamp: Sxxxxx Ltd] [Signature and Stamp: SciGen Il Ltd513679555] 20.12. The provisions set forth in Section 23 abovethis section constitute a material condition in this Agreement and their breach or breach of any thereof shall constitute a fundamental breach of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (VBI Vaccines Inc/Bc)

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Vacating the Leased Premises. 23.119.1.18.1. The Lessee undertakes to vacate the Leased Premises upon Upon expiration of the Term of Lease (including the Additional Terms of Lease), or upon shortening thereof or following the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises when the Leased Premises are free from any person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating the Leased Premises Agreement for any reason, the Lessee shall furnish to vacate the Lessor the approvals Leased Premises from any municipal and/or governmental and/or other authority and/or from any entity that person and article and shall deliver the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due Leased Premises to the Lessor in respect of the last month of lease divided by 15 and subject to their condition in accordance with the provisions set forth regarding Linkage as stated in this Agreement, for each day section 19.2 hereunder (hereinafter: "Evacuation Date of delay in vacating the Leased Premises"). In case On the delay in vacating Evacuation Date of the Leased Premises was greater than 30 days, the Lessor and the Lessee shall pay to draft a delivery protocol that will specify the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaid, without derogating from the right of the Lessor to seek any other relief and/or compensation for a higher rate, including compensation imposed on the Lessordefects, if any, towards any substitute lessee. 23.5. For the avoidance of doubt, the Lessor shall have sole discretion regarding the delivery protocol. 19.2.18.2. The Lessee undertakes to return the Leased Premises to the Lessor when the Leased Premises are in operable condition and without derogating in working order, except for reasonable wear, in addition to the entire Lessee's Works, including all improvements, renovations, works, additions, alterations and systems that are implemented or that are built in the Leased Premises. The Lessor reserves the right to demand from the aforesaid, Lessee to remove any addition or work or facility that were implemented or built by the Lessee and the Lessee shall be obligated in such circumstances to remove them as demanded by the pay any payment Lessor. 19.3.18.3. If, at the time of the Rent and the Management Fees in respect of the period of the delay in vacating the Leased PremisesPremises and returning possession therein to the Lessor the Leased Premises are not in a condition as stated above, including and the Lessor shall be entitled, however not obligated, to perform all the works that are required in particular accordance with the payments for delivery protocol as stated above, so as to restore the Leased Premises to the condition in which the Lessee was required to return them to the Lessor, and the Lessee shall reimburse the Lessor, immediately upon its first demand, for all expenses the Lessor incurred for this purpose, in addition to interest calculated as of the date the expense was made and until the actual amount is obligated returned and shall compensate the Lessor for any damage, loss and lost income arising out of the condition of the Leased Premises and/or the repairs required in the Leased Premises. In the event the parties fail to furnish approvals draw up a delivery protocol as stated aforesaid for reasons that are not contingent on the Lessor, the said works shall be implemented at the discretion of the Lessor in Section 23 above.such manner that section

Appears in 1 contract

Samples: Unprotected Lease and Renovations Agreement

Vacating the Leased Premises. 23.118.1. The Lessee undertakes to vacate the Leased Premises upon Upon expiration of the Term of Lease (including the Additional Terms of Lease), or upon shortening thereof or following the termination or the expiration of this Lease Agreement, whichever is earlier and as the case may be, and return the Leased Premises to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises when the Leased Premises are free from any person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating the Leased Premises Agreement for any reason, the Lessee shall furnish vacate the Leased Premises from any person and article and shall deliver the Leased Premises to the Lessor in their condition in accordance with the approvals from any municipal and/or governmental and/or other authority and/or from any entity that provisions set forth in section 18.2 hereunder (hereinafter: "Evacuation Date of the Leased Premises"). On the Evacuation Date of the Leased Premises the Lessor and the Lessee undertook in this Agreement to make direct payments toshall draft a delivery protocol that will specify the defects, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entitiesif any. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, the Lessor shall have sole discretion regarding the delivery protocol. 18.2. The Lessee undertakes to return the Leased Premises to the Lessor when the Leased Premises are in case operable condition and in working order, except for reasonable wear, in addition to the entire Lessee's Works, including all improvements, renovations, works, additions, alterations and systems that are implemented or that are built in the Leased Premises. The Lessor reserves the right to demand from the Lessee fails to furnish all remove any addition or work or facility that were implemented or built by the approvals as aforesaid on time, Lessee and the Lessee shall be deemed for obligated in such circumstances to remove them as demanded by the purpose Lessor. 18.3. If, at the time of this Agreement vacating the Leased Premises and returning possession therein to the Lessor the Leased Premises are not in a condition as if it did not make the said payments and stated above, the Lessor shall have be entitled, however not obligated, to perform all rights the works that are required in connection therewithaccordance with the delivery protocol as stated above, including so as to restore the right Leased Premises to enforce the securities that were provided condition in which the Lessee was required to return them to the Lessor, and the Lessee shall reimburse the Lessor, immediately upon its first demand, for all expenses the Lessor incurred for this purpose, in addition to interest calculated as of the date the expense was made and until the actual amount is returned and shall compensate the Lessor for the purpose of assuring the fulfillment any damage, loss and lost income arising out of the undertakings condition of the Lessee or any part thereof. 23.3. The Lessee shall pay to Leased Premises and/or the Lessor pre-estimated liquidated damages repairs required in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to the provisions set forth regarding Linkage as stated in this Agreement, for each day of delay in vacating the Leased Premises. In case the delay event the parties fail to draw up a delivery protocol as aforesaid for reasons that are not contingent on the Lessor, the said works shall be implemented at the discretion of the Lessor in vacating such manner that section 18.3 shall be read without the words "in accordance with the said delivery protocol." 18.4. In the event the Lessee failed to vacate the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating the Leased Premises as aforesaidon time, without derogating from the right of the Lessor to seek enforce its right to regain possession in the Leased Premises in any other relief and/or compensation for a higher ratelegal manner it deems fit, including compensation imposed on the Lessee shall be obligated to pay to the Lessor, if anyas pre-estimated liquidated damages, towards any substitute lesseean amount that constitutes double the daily amount of the Rent, when this amount shall be linked to the Index in accordance with the provisions set forth in section 8.4 above, for each day of delay in return of the Leased Premises. 23.518.5. For The parties hereby declare expressly that the avoidance said liquidated damages were set after a careful and prudent estimate of doubtthe damages that the Lessor would incur as a result of failure to vacate the Leased Premises by the Leased Premises and as a probable outcome of failure to vacate the Leased Premises on time. 18.6. The provisions set forth in subsection 18.4 above shall not release the Lessee from its undertakings in accordance with this Agreement and/or grant to the Lessee the right to continue and possess the Leased Premises and/or constitute agreement on behalf of the Lessor to the extension of the Term of Lease and/or derogate from the right of the Lessor to obtain any other remedy and relief; the Lessor shall be entitled, without derogating from the reliefs granted to it in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law, to claim from the Lessee all the amounts, payments, taxes, liabilities, adequate usage fees, expenses, losses and any other payment in respect of the period between the evacuation of the Leased Premises and their actual date of evacuation, as if the Term of Lease continued, and without derogating from the obligation of the Lessee to vacate the Leased Premises. 18.7. Without derogating from the generality of the aforesaid, the Lessor shall be entitled, in any event in which the Lessee fails to vacate the Leased Premises on the date set for that purpose, to evict the Lessee from the Leased Premises by itself, and for that purpose to enter the Leased Premises and expel the Lessee, and shall be further entitled to dispose any article that is in the Leased Premises and that is not the property of the Lessor and to store the belongings of the Lessee as it deems fit and the Lessor shall not be held liable for any damage of any kind that is caused, if any, to the articles of the Lessee as aforesaid; in such circumstances the Lessee shall be obligated to indemnify the pay any payment of Lessor also for its expenses due to the said evacuation and Rent and storage fees for the Management Fees in respect of amounts that are set by the period of the delay in vacating the Leased Premises, including and in particular the payments for which Lessor at its sole discretion. By signing this Agreement the Lessee is obligated empowers the Lessor irrevocably to furnish approvals perform any action as stated above and it waives any allegation against the Lessor in Section 23 circumstances the Lessor acts in the manner specified above.

Appears in 1 contract

Samples: Unprotected Lease and Renovations Agreement

Vacating the Leased Premises. 23.1It is agreed that in anything related to Section 20 of the Original Lease Agreement the following provisions shall apply: 13.1. That which is stated said in Section 20.A. of the Original Lease Agreement shall be deleted and the following shall come in its place: "The Lessee undertakes to vacate the Leased Premises upon expiration of the Term of Lease or upon shortening thereof or following due to the termination or the expiration of this the Lease AgreementAgreement for any reason, whichever is upon the earlier and as the case may be, and return the Leased Premises to the sole possession of the Lessor when the Leased Premises include all are in the additions same condition they were on the Delivery Date, and the Lessee shall further remove any article and/or works addition and/or improvements attached thereto fixture that were performed was installed by the Lessee and/or (unless the Lessor demanded that they be left in the Leased Premises, for no consideration, ) and in such manner that their removal shall not damage the Leased Premises and its exterior and interior appearance and all subject to reasonable wear, wear however in any event - when the Leased Premises are in good condition, working order and operable conditionwhitewashed. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the The Lessee shall return the Leased Premises when the Leased Premises are free from any article and person and article and at the expense of the Lessee. 23.2. In 30 days as of the date of vacating the Leased Premises for any reason, the Lessee shall furnish to the Lessor the approvals from any municipal and/or governmental and/or other authority and/or from any entity that the Lessee undertook in this Agreement to make direct payments to, and evidencing that the Lessee made all payments relating to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entities. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in case the Lessee fails to furnish all the approvals as aforesaid on time, the Lessee shall be deemed for the purpose of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment of the undertakings of the Lessee or any part thereof. 23.3. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor in respect of the last month of lease divided by 15 and subject to accordance with the provisions set forth regarding Linkage in Section 19 of the Lease Agreement (subject to the repairs as stated specified in Section 12.1 of this AgreementAddendum above), for each day and all at the expense and under the responsibility of delay the Lessee. The dismantling of fixtures and/or systems in vacating the Leased Premises owned by the Lessee (unless the Lessor demanded that they be left in the Leased Premises. In case ) shall be made in accordance with the delay instructions of the engineer and contractors approved for that purpose solely by the Lessor, and in vacating any event without causing any damage to the building and/or the Leased Premises was greater than 30 days, the Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating the Leased Premises. 23.4. The parties declare that the said amount constitutes adequate and/or systems installed therein and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating serving the Leased Premises as aforesaid, without derogating from and/or other lessees in the right building and/or the routine operation of the Lessor to seek any building and/or other relief and/or compensation for a higher rate, including compensation imposed on the Lessor, if any, towards any substitute lesseelessees therein. 23.5. For the avoidance of doubt, and without derogating from the aforesaid, the Lessee shall be obligated the pay any payment of the Rent and the Management Fees in respect of the period of the delay in vacating the Leased Premises, including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 above."

Appears in 1 contract

Samples: Lease Agreement (Mellanox Technologies, Ltd.)

Vacating the Leased Premises. 23.116.1. The Lessee undertakes to vacate the Leased Premises upon Upon expiration of the Term of Lease or upon shortening thereof or following the termination or the expiration of this Lease AgreementAgreement for any reason, whichever is earlier and as the case may be, and return Lessee undertakes to vacate the Leased Premises and deliver possession thereof to the sole possession of the Lessor when the Leased Premises include all the additions and/or works and/or improvements attached thereto that were performed by the Lessee and/or the Lessor in the Leased Premises, for no consideration, and subject to reasonable wear, however in any event when the Leased Premises are in good and operable condition. Notwithstanding the said, it is agreed that the Lessee shall not be obligated to leave in the Leased Premises electrical cabinets that will be installed by the Lessee in the ground floor, provided that the removal of the said electrical cabinets from the Leased Premises shall not cause any damage or breakdown and the Lessee shall perform any repair that is necessary after their removal so that the Leased Premises shall be returned when they are in good and operable condition. Subject to the provisions set forth above, the Lessee shall return the Leased Premises when the Leased Premises are free from any person and article belonging to the Lessee and at are clean and organized and in the expense of state the Lessee. 23.2. In 30 days as of Lessee received them from the date of vacating Lessor, except for reasonable depreciation and wear; and when the Leased Premises for include any reasonrenovation, improvement, addition or installation permanently affixed to the Leased Premises even if these were installed and added to the Leased Premises by the Lessee shall furnish to and at its expense, unless the Lessor the approvals from any municipal and/or governmental and/or other authority and/or from any entity demanded that the Lessee undertook would remove such an addition or installation as aforesaid from the Leased Premises - and in this Agreement to make direct payments to, and evidencing that such circumstances the Lessee made all payments relating undertakes to the Term of Lease, and that the Lessee has no debt or obligation towards any of the said entitiesfollow this demand. 16.2. [Signature and Stamp: Ogen Yielding Real Estate Ltd and Polypid Ltd.] [Signed] For the avoidance of doubt, in In case the Lessee fails failed to furnish all vacate the approvals Leased Premises on time as aforesaid on timestated in section 16.1, in addition to the Lessee shall be deemed for the purpose right of this Agreement as if it did not make the said payments and the Lessor shall have all rights in connection therewith, including to claim the right to enforce the securities that were provided to the Lessor for the purpose of assuring the fulfillment eviction of the undertakings of the Lessee or Leased Premises, and in addition to any part thereof. 23.3. The Lessee shall pay to the Lessor pre-estimated liquidated damages in an amount equal to the Rent due other right granted to the Lessor in respect of the last month of lease divided by 15 and subject to accordance with the provisions set forth regarding Linkage in this Agreement and/or in accordance with the provisions set forth in any law, and without derogating from any relief or right granted to the Lessor as stated in this Agreement, for each day of delay in vacating the Leased Premises. In case the delay in vacating the Leased Premises was greater than 30 daysabove, the Lessee shall pay to the Lessor a daily amount equal to three times the last Rent that was paid by the Lessee prior to the eviction date, in respect of the period it was required to vacate the Leased Premises and until the date in which it vacates the Leased Premises. The said payment was set and is agreed as adequate usage fees and/or as fixed and pre-estimated liquidated damages that the parties calculated in an amount equal advance. 16.3. The payment of the adequate usage fees and/or the liquidated damages as stated above shall not relieve the Lessee from its obligation to the Rent due to the Lessor for the last month of lease as aforesaid, divided by 10, for each day of delay in vacating vacate the Leased Premises. 23.416.4. The parties declare that In case the said amount constitutes adequate and agreed compensation for the damage that the parties envision as a probable outcome of a delay in vacating Lessee failed to vacate the Leased Premises on time in accordance with the provisions set forth in section 16.1 above, the Lessor shall be entitled to claim from the Lessee all the amounts, taxes, payments, liabilities, rent, expenses for repairs, damages, adequate usage fees and any other payment, without exception, as aforesaidstated in the Agreement in respect of the period from the time the Lessee was required to vacate the Leased Premises and until the date the Lessee vacates the Leased Premises, as if the Term of Lease continued and without derogating from the right obligation of the Lessor Lessee to seek any other relief and/or compensation for a higher rate, including compensation imposed on vacate the Lessor, if any, towards any substitute lessee. 23.5. For the avoidance of doubtLeased Premises, and without derogating from any other relief the aforesaid, Lessor may seek in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. 16.5. Receiving adequate usage fees as stated above and the payments made in accordance with the provisions set forth in section 15.04 above shall not give rise to a relationship of lease between the Lessee shall be obligated the pay any payment of the Rent and the Management Fees Lessor in respect of the period of subsequent to the delay date in vacating which the Lessee was obligated to vacate the Leased Premises, including and in particular the payments for which the Lessee is obligated to furnish approvals as stated in Section 23 above.

Appears in 1 contract

Samples: Lease Agreement (Vishay Precision Group, Inc.)

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