Common use of Surrender and Holding Over Clause in Contracts

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 6 contracts

Samples: Lease Agreement (Finward Bancorp), Lease Agreement (Finward Bancorp), Lease Agreement (Finward Bancorp)

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Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal, provided that (i) Tenant shall not be required to remove any sprinkler systems or solar panels installed in the Leased Premises during the Term and (ii) Tenant shall only be obligated to remove the racking installed in the Leased Premises if required by Landlord pursuant to a written demand delivered to Tenant on or before the forty-fifth (45th) day prior to such expiration or earlier termination. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty (30) days after the expiration or earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property (other than sprinkler systems or solar panels installed in the Leased Premises during the Term or racking installed in the Leased Premises unless required to be removed by Landlord pursuant to the second sentence of this Section 23(a)) and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary contained in this Paragraph 23(a)Lease, Tenant at no time either during or after the Term shall not be obligated Landlord have any rights in or with respect to Tenant’s inventory (other than the right to remove any safe or vault located on it from the Leased Premises nor shall it be responsible for at Tenant’s expense if Tenant has not done so within thirty (30) days after the cost expiration or termination of the Term, provided that such removal or disposal complies with the requirements of any safe or vault nor for Landlord Waiver, to the cost of repairing any damage caused by the removal of any safe or vault by the Landlordextent executed pursuant to Section 20(c)).

Appears in 3 contracts

Samples: Lease Agreement (Haverty Furniture Companies Inc), Deed of Lease (Haverty Furniture Companies Inc), Lease Agreement (Haverty Furniture Companies Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in broom clean” and in good condition and repair, ordinary wear and tear exceptedclean condition, and otherwise in accordance with the terms and conditions same condition in which the Leased Premises were originally received from Landlord on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Dave & Busters Inc)

Surrender and Holding Over. (ac) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Agreement (Finward Bancorp)

Surrender and Holding Over. (a) a. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to the any portion thereof with respect to which this Lease has previously terminated) and all the Equipment and Building Systems thereof to Landlord in “broom clean” and in good the condition and repair, the same is required to be maintained by Tenant pursuant to this Lease (ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease). Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures (other than the Trade Fixtures described in Exhibit F attached hereto and any replacement(s) of such items with comparable fixtures or equipment, which Tenant may, but shall not be required, to remove in accordance with the terms hereof) and all unaffixed personal property (but not Equipment) which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of LandlordLandlord upon an additional ten (10) days’ written notice to Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such unaffixed personal property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Axcelis Technologies Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord Landlord. Upon such surrender, the Leased Premises shall be in the condition required after giving effect to the maintenance standards set forth in Paragraph 11 of this Lease and to the other provisions of this Lease, it being understood that in no event shall Tenant be required to return the Leased Premises in “broom cleanas newand in good condition; the condition and repair, of the Leased Premises may reflect the ordinary wear and tear excepted, and otherwise that would be reasonably expected in accordance connection with the terms and conditions use of the Leased Premises as a Facility for the period of time from the date of this LeaseLease to the date of such surrender. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased PremisesPremises and disposed of as Landlord deems appropriate. The cost of removing and disposing of such property (but not storage charges) and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Chefs' Warehouse, Inc.)

Surrender and Holding Over. (a) Section 20.01. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Demised Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” and in good condition and repairor, ordinary wear and tear exceptedif applicable, and otherwise in accordance with to the Lender or other party to whom possession is due under the terms and conditions of this Leasethe Loan Documents, including any agent of the Lender or a receiver. Tenant shall remove from the Leased Demised Premises on or prior to such expiration or earlier termination the Trade Fixtures trade fixtures and personal property which is that are owned by Tenant or third parties other than LandlordTenant, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Demised Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Demised Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which that becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Master Lease (Versity Invest, LLC)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in broom clean” and in good condition and repair, ordinary wear and tear exceptedclean condition, and otherwise in accordance with the terms and conditions same condition in which the Leased Premises were originally received from Landlord on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)

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Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to the any portion thereof with respect to which this Lease has previously terminated) and all the Equipment and Building Systems thereof to Landlord in “broom clean” and in good the condition and repair, the same is required to be maintained by Tenant pursuant to this Lease (ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease). Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures (other than the Trade Fixtures described in Exhibit F attached hereto and any replacement(s) of such items with comparable fixtures or equipment, which Tenant may, but shall not be required, to remove in accordance with the terms hereof) and all unaffixed personal property (but not Equipment) which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of LandlordLandlord upon an additional ten (10) days’ written notice to Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such unaffixed personal property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Axcelis Technologies Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the all Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. All Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Any holding over by Tenant shall not be obligated to remove any safe or vault located on of the Leased Premises nor after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall it operate and be responsible for construed as tenancy from month to month only, at one hundred ten percent (110%) of the cost Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of removal one hundred ten percent (110%) thereof, to exercise all rights and remedies provided by law or disposal in equity, including the remedies of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the LandlordParagraph 19(b).

Appears in 1 contract

Samples: Lease (Old National Bancorp /In/)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance any portion thereof with the terms and conditions of respect to which this LeaseLease has previously terminated) to Landlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Any holding over by Tenant shall not be obligated to remove any safe or vault located on of the Leased Premises nor after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall it operate and be responsible for construed as tenancy from month to month only, at one hundred fifty percent (150%) of the cost Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of removal one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or disposal in equity, including the remedies of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the LandlordParagraph 19(b).

Appears in 1 contract

Samples: Lease (Performance Food Group Co)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to Landlord any portion thereof with respect to which this Lease has previously terminated) together with all Alterations in “broom clean” existence at the time of the expiration or earlier termination of this Lease, and in good condition and repairrepair (except as otherwise permitted herein), ordinary normal wear and tear excepted, broom clean, and otherwise in accordance with shall surrender all keys for the terms and conditions of this LeaseLeased Premises to Landlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property property, which becomes the property of Landlord as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord.

Appears in 1 contract

Samples: Purchase Agreement and Escrow Instructions (Sports Authority Inc /De/)

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