Common use of SURRENDER AND HOLDOVER Clause in Contracts

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 6 contracts

Samples: www.sec.gov, KAR Holdings, Inc., KAR Holdings, Inc.

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SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BEXHIBIT C, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 SECTION 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 SECTION 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this SECTION 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of SECTION 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 SECTION 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Build a Bear Workshop Inc, Build a Bear Workshop Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BEXHIBIT C, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 SECTION 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 SECTION 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this SECTION 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of SECTION 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 SECTION 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Research Inc /Mn/, Vascular Solutions Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BC, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and losses by casualty or condemnation not required to be repaired or restored by Tenant pursuant to the provisions hereof; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations), Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay 125% of the Holdover Percentage (as defined below) multiplied by the aggregate of all Base Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special other than consequential or other similarly speculative punitive damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent last prevailing hereunderthen in effect under this Lease and 100% of Additional Rent, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (TWC Holding Corp.), Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; and (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease. For purposes hereof, “broom-clean” shall mean: (i) all walls must be clean and free of holes; (cii) Tenant shall remove from the Premises all motor vehicles overhead doors must be free of any nature whatsoever broken panels, cracked lumber or dented panels and the overhead door springs, rollers, tracks, motorized door operator and all other items pertaining to the overhead doors must be in good working condition; (includingiii) HVAC system must be in good working order, but not limited towith filters changed and all thermostats in working order, automobilesand Tenant must supply Landlord with maintenance records; (iv) all floors (warehouse and office) must be clean and free of excessive dust, trucksdirt, recreational vehicles grease, oil and boats)stains; (v) drop grid ceiling must be free of excessive dust from lack of changing filters and no ceiling tiles may be missing or damaged; (vi) all trash must be removed from both inside and outside of the Building; (vii) all lightbulbs and ballasts must be working; (viii) all signs in front of Building and on glass entry door and rear door must be removed; (ix) hot water heater must work; (x) all plumbing fixtures, equipment and drains must be clean and in working order; (xi) windows must be clean; and (dxii) Tenant all mechanical and electrical systems must be in good working condition. All repairs shall surrender be performed to Landlord’s reasonable satisfaction and Landlord any and all keysshall have the right to perform, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with at Tenant’s operationsexpense, Landlord shall be permitted any repairs that Tenant fails to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Leaseperform. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectivelyLease, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; will terminable upon thirty (ii30) Tenant days’ written notice from Landlord, shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason Landlord as a direct result of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there . Tenant’s obligations under this Section 21 shall be no renewal survive the termination or extension expiration of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawLease.

Appears in 2 contracts

Samples: , and Attornment Agreement, , and Attornment Agreement (Birks Group Inc.)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, E attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care) and such damage or destruction as Landlord is required to repair or restore under this Lease; provided, however, Tenant shall remove all of the Tenant Improvements and restore the Premises to a dry, shell condition, including without limitation, the removal of the Refrigeration Systems and structures (provided, however, the floors of the freezer, cooler and/or cold dock areas may remain so long as there is no evidence of heaving or buckling and the floor load is equal to or exceeds the design parameters of the rest of the warehouse floor), lawfully disposing of any and all of the ammonia or other chemicals that supply the Refrigeration System (in accordance with any and all applicable laws), returning the sprinklers to their original condition and capping any and all floor piping; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Renewal Option (United Natural Foods Inc), Renewal Option (United Natural Foods Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of TenantXxxxxx’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: KAR Holdings, Inc., KAR Holdings, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Leaselease, or upon any repossession of the Premises re-entry by Landlord hereunder: (a) upon the Premises, Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated upon thirty (30) days' notice from Landlord; or, at the sole option of Landlord expressed by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used hereinTenant, the “Holdover Percentage” but not otherwise, such holding over shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-constitute a renewal of this Lease for a period of one (911) days after year on the Termination Date, 150%same terms and conditions as provided in this Lease. The provisions of this Section 19 Article 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Sublease Agreement (United Industries Corp), Disturbance and Attornment Agreement (United Industries Corp)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease for a period of one hundred eighty (180) days after termination. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in Section 22.3) from the date the expense is billed until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 125% of the aggregate of all the Base Rent, and continue its share of Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BEXHIBIT C, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonicallyPursuant to SECTIONS 16(a) and as long as Landlord does not unreasonably interfere with Tenant’s operations(b), Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 SECTION 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 SECTION 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this SECTION 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of SECTION 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The party .The provisions of this Section 19 SECTION 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Natural Golf Corp, Natural Golf Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a working order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Leaserepair, subject only to except for ordinary wear and tear (as is attributable to deterioration tear, damage by reason fire or other casualty and repairs which are the responsibility of time and useLandlord, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed within ten (10) business days after the date on which this Lease is terminated or expired or if such repairs are not capable of being completed within ten (10) days, then Tenant must commence said repairs within ten (10) days and then proceed with due diligence until the same have been completed. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all reasonable expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): with Landlord’s permission: (i) Tenant shall be deemed a tenant-at-willtenant from month to month; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 125% of the aggregate of all the Base Rent and one hundred percent (100%) of the Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will tenancy may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either If Tenant remains in possession for more than thirty (A) during the first ninety (9030) days after Landlord notifies Tenant in writing of the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions termination of this Section 19 Lease, Tenant also shall not constitute a waiver pay all actual damages sustained by Landlord Landlord, directly by reason of any re-entry rights of Landlord provided hereunder or by lawTenant’s remaining in possession.

Appears in 2 contracts

Samples: Gordmans Stores, Inc., Gordmans Stores, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, E attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: ArcherDX, Inc., ArcherDX, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BEXHIBIT E, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 SECTION 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 SECTION 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this SECTION 20 or any other applicable provision of this Lease). Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction PRIOR TO THE EXPIRATION OR TERMINATION OF THE TERM. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of SECTION 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 fifteen (15) days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 SECTION 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-willsufferance; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto Landlord upon one days’ or by Tenant upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 2 contracts

Samples: Liquidity Services Inc, Liquidity Services Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only or any damage that, under Section 18.3, would give Tenant a right to ordinary wear and tear (as is attributable to deterioration by reason of time and useterminate this Lease, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay Base Rent at a rate equal to one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate rate of all Base Rent last prevailing hereunder, ; (iii) Tenant shall continue to be responsible for its proportionate share of Operating Expenses hereunder; and (iv) also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there . There shall be no renewal or extension of this Lease by operation of law; , and (iv) the a tenancy-at-will may be terminated by either party hereto upon 30 days’ thirty (30) days prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Makemusic Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Leaselease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written ' notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% from Landlord or (B) from and after ninety-one (91) days after the Termination Date, 150%Tenant. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Sabratek Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly Page 28 provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonicallyPursuant to Sections 16(a) and as long as Landlord does not unreasonably interfere with Tenant’s operations(b), Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Xxxxxx. Landlord and Tenant hereby agree that they shall conduct a walk through inspection of the Premises at least ninety days prior to the expiration date, at which time Landlord shall determine which alterations and improvements will need to be removed by the Landlord at Tenant's sole cost and expense, and which shall remain. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, by no later than the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Xxxxxx (inclusive of interest). If Tenant remains in possession after the Expiration Date expiration date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions provision of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. 21.

Appears in 1 contract

Samples: Lease Agreement (Instructivision Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. Landlord and Tenant hereby agree that they shall conduct a walk through inspection of the Premises at least ninety (90) days prior to the expiration date, at which time Landlord shall determine (subject to the provisions of Section 11) which alterations and improvements will need to be removed by the Landlord at Tenant's sole cost and expense, and which shall remain. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, by no later than the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. 21.

Appears in 1 contract

Samples: Classica Group Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of re-entry by Landlord upon the Premises by Landlord hereunder: as provided in this Lease, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such repairs, damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed by Tenant in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired or as soon as practical thereafter. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder if Tenant holds over without Landlord’s written consent and if with Landlord’s consent, Tenant shall only pay the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 sixty (60) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Magnetek, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to except for ordinary wear and tear (and such damage or destruction as Landlord is attributable required to deterioration repair or restore under this Lease and except for damage by reason of time casualty and usecondemnation, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay 150% of the Holdover Percentage (as defined below) multiplied by the aggregate of all Base Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Datalink Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior ' written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 SECTION 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any legal repossession by Landlord of the Premises by Landlord hereunder: Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to except for ordinary wear and tear (as is attributable to deterioration by reason of time and usecasualty, in spite of Tenant’s reasonable care); and (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any 20 within a reasonable time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. Landlord and Tenant hereby agree that they shall conduct a walk through inspection of the premises at least thirty (30) days prior to the expiration date, at which time Landlord shall determine which alterations and improvements will need to be removed by Landlord at Tenant's sole cost and expense, and which shall remain. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Eyetech Pharmaceuticals Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any ------------------------ earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BEXHIBITC, -------- attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 SECTION 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Data Call Technologies

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in retains possession of the Premises or any part thereof after the Expiration Date hereof or after any earlier termination date of this Lease by lapse of time or otherwise, or termination of Tenant’s 's right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) possession: Tenant shall pay to Landlord one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunderhereunder computed on a per-month basis, and also for each month or part hereof that Tenant thus remains in possession, and, in addition thereto, Tenant shall pay all actual direct and consequential damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining Xxxxxx's retention of possession; provided, however, that Tenant shall not be liable to Landlord for consequential damages in possession connection with a holdover by Tenant unless such holdover extends beyond thirty (30) days after the expiration Expiration Date or other earlier termination date of this Lease; (iii) there . There shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Golden Books Family Entertainment Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, E attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected expected, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (dc) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Base Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%notice. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Letter (Clearfield, Inc.)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BE, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord Xxxxxxxx and TenantXxxxxx. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Argyle Security, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, B attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected in Landlord’s sole discretion, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay 125% for the Holdover Percentage first three (as defined below3) multiplied by months and then 150% thereafter of the aggregate of all Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (ivD) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall 0shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawLaw and shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: NANOPHASE TECHNOLOGIES Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) . Landlord and Tenant shall remove from acknowledge that prior to the Commencement Date Tenant occupied a portion of the Premises all motor vehicles pursuant to that certain Lease dated August 16, 1990, by and between Rheem Container Corporation (the predecessor in interest to Tenant) and Xxxxx Road Associates, Inc. (the predecessor in interest to Landlord) (the “Rheem Lease”), a copy of any nature whatsoever (includingwhich is attached hereto as Exhibit C. Pursuant to the terms of the Rheem Lease, but not limited to, automobiles, trucks, recreational vehicles Landlord and boats); and (d) Tenant shall surrender each had certain repair obligations with respect to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) Tenant hereby agrees that notwithstanding any terms to the contrary contained in the Rheem Lease, Tenant is and as long as Landlord does not unreasonably interfere with shall remain during the Term hereof responsible for the repair, at Tenant’s operationssole cost and expense, Landlord shall be permitted of all damage to inspect the Premises occurring during normal business hours the term of the Rheem Lease for which Tenant was responsible pursuant to the terms thereof excluding the existing damage to the downspout located on the exterior west wall of the Premises and any future damage to the exterior storage area located on the west side of the Building which is caused by the tenant occupying the premises west and adjacent to the Premises (collectively, the “Prior Damage”). Therefore, prior to the Expiration Date of this Lease or upon any re-entry by Landlord upon the Premises, Tenant shall at Tenant’s sole cost and expense and in order addition to verify compliance with the obligations Tenant is required to perform under this Section 19 20 and this Lease, repair the Prior Damage and restore the Premises. Further, if at any time prior to (x) during the Expiration Dateterm of this Lease or at any time during the term of the Rheem Lease, (y) any Hazardous Materials have been generated, transported, stored, used, treated or disposed of at, to, from, on or in the effective date Premises by any or all of Tenant and Tenant’s Parties, then, on the last day of the Term, upon any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing upon any re-entry by Landlord upon the Premises, or upon any assignment by Tenant of Tenant’s interest in this Lease to other than a Tenant; affiliate, as the case may be upon the request of Landlord, Tenant shall, at Tenant’s sole cost and expense which in no event shall exceed the sum of Fifteen Thousand Dollars ($15,000.00) (the “Audit Cap”), employ an environmental consultant or professional to perform or complete a so-called “Phase I” environmental inspection and assessment of the Premises in accordance with the American Society of Testing Materials (or successor thereto) (“ASTM”) Standard E1527-97 (or the then equivalent of said Standard) entitled. Standard Practice for Environmental Sit Assessments; Phase-I Environmental Site Assessment Process, and generally accepted industry standards regarding environmental site assessments. In the event that the results of such assessment indicate a reasonable likelihood that there exists with respect to the Premises a violation of an Environmental Law, Landlord shall be entitled to request Tenant. The obligations imposed under , at Tenant’s sole cost and expense, to cause additional environmental inspections and tests to be performed, whether involving an ASTM “Phase II” evaluation or otherwise; provided, however, in no event shall Tenant be required to incur any cost and expense in excess of the first sentence of this Section 19 shall survive the termination Audit Cap for any such additional inspections or expiration of this Leaseteats. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder., and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlordlandlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. The obligations imposed under this Section 20 preceding sentence shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Bway Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BD, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (tear, and such damage or destruction as Landlord is attributable required to deterioration by reason of time and use, in spite of Tenant’s reasonable care)repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 21 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 21 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate 125% per month of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 21 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Office Facility Lease (I Trax Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BE, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” In no event shall mean either (A) during the first ninety (90) days after the Termination Date, 125% Tenant be subject to consequential or (B) from and after ninety-one (91) days after the Termination Date, 150%indirect damages. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Lease Agreement

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior ' written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder,: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, B attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected in Landlord’s sole discretion, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage current rent amount for the first thirty (as defined below30) multiplied by days and 150% of the aggregate of all Rent last prevailing hereunderhereunder for the remainder of the tenant-at-will period, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (ivD) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawLaw and shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Spectranetics Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Leaselease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-tenant- at-willsufferance; (iib) Tenant shall pay one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; and (iiic) there shall be no renewal or extension of this Lease by operation of law; and (iv) or, at the tenancy-at-will may be terminated sole option of Landlord expressed by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used hereinTenant, the “Holdover Percentage” but not otherwise, such holding over shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-constitute a renewal of this Lease for a period of one (911) days after year on the Termination Date, 150%same terms and conditions as provided in this Lease. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. The inclusion of the preceding sentence in this Lease shall in no event be construed as Landlord's consent for Tenant to hold over. Tenant shall also be liable to Landlord for all damage (including consequential damages) which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. The provisions of this Section 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Nantucket Industries Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If, without Landlord’s prior written consent, Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 175% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. Notwithstanding the foregoing, if Tenant provides a written notice to Landlord not later than the date that is four (4) months prior to the end of the Term that Tenant desires to negotiate with Landlord a renewal lease for the Premises or for premises within other commercial or industrial space owned by Landlord within the Salt Lake City metropolitan area, neither the Base Rent nor the Additional Rent increase set forth in the immediately prior clause (ii) shall become effective prior to the later to occur of the last day of the Term or the thirtieth (30th) day after Landlord provides written notice to Tenant that Landlord will impose such increase notwithstanding the conduct of any such negotiations or the termination thereof; provided, however, nothing in this sentence shall be construed as waiving or excusing Tenant from the payment of Base Rent and Additional Rent during any holdover period at the rate in effect as of the last day of this Lease or obligating Landlord to enter into any such renewal lease with Tenant.

Appears in 1 contract

Samples: Zars Inc/Ut

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broomBroom-cleanClean” (as defined by Exhibit B, D attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and TenantTxxxxx. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: JP Outfitters, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear, loss due to casualty or condemnation, permitted alterations and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefromProperty there from, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the expiration or earlier termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay one hundred percent (100%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Base Rent last prevailing hereunderhereunder during the first two (2) months of such holdover period, one hundred twenty-five percent (125%) of the Base Rent last prevailing hereunder during the next twelve (12) months of such holdover period, and also shall pay one hundred fifty percent (150%) of the Base Rent last prevailing hereunder for the fifth and all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason succeeding months of Tenant’s remaining in possession after the expiration or termination of this Leasesuch holdover period; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. Notwithstanding the foregoing, if Landlord and Tenant are engaged in negotiations for an extension of the Term, there shall be no increase in Base Rent during such negotiations and the Term hereof shall be extended until such time as Landlord shall notify Tenant that it no longer elects to continue to negotiate for a Lease extension (beyond any option period) and provided that such notice shall give Tenant a reasonable time to vacate and surrender the Premises to Landlord.

Appears in 1 contract

Samples: Acceptance Agreement (Qumu Corp)

SURRENDER AND HOLDOVER. On the last day of the Demised Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Leased Premises, (a) Tenant shall quit and surrender the Leased Premises to Landlord "broom-clean” (as defined by Exhibit B" and in good order, condition and repair attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal 's property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Leased Premises and Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Leased Premises during normal business hours in order to verify compliance with this Section 19 14.01 at any time prior to (x) the Expiration Dateexpiration date of the Lease, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 14.01 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Leased Premises (pursuant to the first sentence of this Section 14.01 or any other applicable provision of this Lease) upon the expiration or termination of the Demised Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 20 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest at the rate of 2% per annum above the prime rate of interest as published from time to time in the Money Rates column of the Wall Street Journal from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 14.01 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law., nor constitute a waiver or release of any or all obligations or liabilities of Tenant for or with respect to any environmental condition or any spill, discharge or release of Hazardous Materials or any obligation to comply with any Environmental Law, including ISRA, or any requirement of this Lease, the Sale Agreement or the Access Agreement relevant to same, when and as the same shall be due. ARTICLE FIFTEEN Assignments, Subletting and Encumbrances

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Blonder Tongue Laboratories Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in condition and repair received as of the Commencement Date (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) Landlord and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord Tenant jointly shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and 100% of the Additional Rent last prevailing hereunder, and if Tenant remains in possession for more than 45 days, also shall pay all actual and consequential damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly Landlord by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: M Wave Inc

SURRENDER AND HOLDOVER. On the last day of the Term, Term or upon any earlier termination of this Lease, or upon any repossession of the Premises reentry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (as defined by Exhibit B, “C”. attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice If any repairs are required to be performed in, to or at the Premises upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within ten (10) business days after the date on which may this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be delivered telephonically) and as long as Landlord does not unreasonably interfere with performed, at Tenant’s operations, expense and all such expenses so incurred by Landlord shall be permitted to inspect bear interest at the Premises during normal business hours Default Rate (defined hereinafter) from the date the expense is incurred until the date paid, in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Datefull, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after alter any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a holdover tenant-at-will; (ii) Tenant shall pay the Holdover Percentage two hundred percent (as defined below200%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; : (iii) there shall be no renewal or extension of this Lease by operation of law; : and (iv) the tenancy-at-will may be terminated terminate by either party hereto upon 30 fifteen (15) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry reentry rights of Landlord provided hereunder or by law. The obligations imposed under this Section 20 shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Sed International Holdings Inc

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SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises authorized re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord in a “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Leasecondition, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon reasonable prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operationsnotice, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all Base Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Mq Associates Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, E attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected expected, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (dc) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Base Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%notice. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. 21.

Appears in 1 contract

Samples: www.sec.gov

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BD, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Acceptance Agreement (Cybex International Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within ten (10) business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 23.2) from the date the expense is incurred until the date paid, in full, by Xxxxxx (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage two hundred percent (as defined below200%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 fifteen (15) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 section shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Lease

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (as defined by Exhibit BC, attached hereto and incorporated herein by reference), except for ordinary wear and in a condition that would reasonably be expected with normal tear and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonicallyPursuant to Sections 16(a) and as long as Landlord does not unreasonably interfere with Tenant’s operations(b), Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the first sentence of this Section 20 or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The party .The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Wentworth Ii Inc

SURRENDER AND HOLDOVER. On the last day expiration or sooner termination of the Term, or upon any earlier termination Term of this Lease, or upon Tenant and any repossession of parties occupying the Premises by Landlord hereunder: (a) Tenant Premises, all permitted subtenants, franchisees and licensees, shall quit and surrender the Premises left thereon to Landlord “broom-clean” in good condition and repair (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable excepted) free and clear of all franchises, licenses, claims, liens, charges, subleases, subtenancies and encumbrances. Tenant, on or before such date, shall remove or cause to deterioration be removed all personal property and trade fixtures owned or installed by reason of time Tenant, and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove repair any damage caused by the removal of all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other of the aforesaid items used and shall comply with the reasonable directives of Landlord as to access the restoration of the site (if any) to a condition of cleanliness and repair at least equal to the condition in which Tenant received possession of the Premises. Upon prior notice All other personal property of Tenant which is not so removed shall be deemed abandoned and, at Landlord’s election (which may be delivered telephonically1) and as long as Landlord does not unreasonably interfere with shall become the property of Landlord, or (2) removed by Tenant within ten (10) days from Landlord’s written demand upon Tenant’s operations. If Tenant fails to timely remove any such personal property, Landlord shall be permitted to inspect may remove or cause the Premises during normal business hours in order to verify compliance removal of the same and charge Tenant with this Section 19 at any time prior to (x) the Expiration Date, (y) cost of removal. Upon the effective date expiration or sooner termination of any earlier termination the Term of this Lease, any improvements left by Tenant on the Premises shall revert to Landlord. If, after the expiration or (z) sooner termination of the surrender date otherwise agreed Term of this Lease, Tenant or any subtenants, franchisees, licensees or any other occupants shall remain in possession of the Premises without written agreement as to in writing such possession, Tenant shall be regarded as a tenant at will under the terms and conditions of this Lease except that the rent due to Landlord during any such holdover period shall be an amount equal to 150% of the amount of rent then being paid by Landlord and Tenant. The Tenant's obligations imposed under the first sentence of this Section 19 Article 11 shall survive the expiration or sooner termination or expiration of the Term of this Lease. If Notwithstanding the foregoing, Tenant remains in possession after understands that Landlord may terminate the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied tenancy at will during such holdover period by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior providing written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawvacate.

Appears in 1 contract

Samples: Park and Ride Ground Lease

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant the holdover shall be deemed construed as a tenantmonth-atto-willmonth tenancy; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will tenancy may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: KAR Holdings, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier Upon termination of this LeaseLease for any reason whatsoever, Tenant shall surrender the Demised Premises and keys thereof to Landlord in the same condition as at the Commencement Date, normal wear, tear and other casualty excepted. Should Tenant refuse or fail to surrender the Demised Premises upon any repossession expiration of the Premises by Landlord hereunder: (a) Term or earlier termination thereof, Tenant shall quit be a tenant at sufferance and surrender the Premises shall pay to Landlord “broom-clean” as liquidated damages on demand each month during such holdover period a sum equal to (as defined i) one hundred fifty percent (150%) of the Minimum Annual Rent due during the last month of the Term hereunder, plus (ii) all Additional Rent and other sums and charges payable hereunder. In the event of any unauthorized holding over, Tenant shall indemnify Landlord against all claims for damages by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with any other tenant to whom Landlord may have leased all or any part of the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear Demised Premises effective upon the termination of the Term (as is attributable to deterioration including damages by reason of time and use, in spite Landlord’s inability to have access to the Demised Premises upon the termination of Tenant’s reasonable care); (b) Tenant shall remove the Term even if the lease with a new tenant of all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access part of the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord Demised Premises does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Leasecommence until sometime thereafter). If Tenant remains in possession after the Expiration Date hereof or after expiration of the Term with Landlord’s acquiescence and without any earlier termination date written agreement of this Lease or of Tenant’s right to possession (collectivelythe parties, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-Tenant at will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; , and all of the provisions in the immediately preceding paragraph (ivincluding the provisions therein with respect to the payment of Minimum Annual Rent, Additional Rent and other sums and charges) shall be fully applicable during such holdover. Notwithstanding the tenancynotice provision of the Official Code of Georgia Annotated Section 44-at7-7, as the same may be now or hereafter amended such tenancy at will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either thirty (A) during the first ninety (9030) days after the Termination Date, 125% notice from Landlord or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawTenant.

Appears in 1 contract

Samples: Lease Agreement (Medquist Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" (as defined by Exhibit BE, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, ,subject only to ordinary wear and tear (as tear(as is attributable to deterioration by reason of time and use, in spite of Tenant’s 's reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s 's personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the PremisesPremi ses. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed xxxxxed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by [125% vs. 150%] of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: R & B Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this LeaseLease or Tenant’s right to possession, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord in “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Leaserepair, subject only to Sections 8.1 and 9.3 above, except for ordinary wear and tear (as is attributable and damage or destruction by casualty; provided, however, that Tenant will assign or turn over to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from Landlord the Premises all motor vehicles portion of any nature whatsoever (including, but insurance proceeds to which Tenant is not limited to, automobiles, trucks, recreational vehicles and boats); and (d) entitled if there is a casualty for which Tenant shall surrender to Landlord any and all keys, access cards, computer codes has a restoration obligation that has not yet been restored at the end of the Term or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession (except as provided in Section 9.3) after the Expiration Date hereof of this Lease, and after any applicable renewal or extension periods properly exercised, or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-willwill on a month-to-month basis on the same terms and conditions as provided in this Lease except that Base Monthly Rent shall be equal to 150% of the immediately preceding month’s Base Monthly Rent; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiib) there shall be no renewal or extension of this Lease by operation of law; and (ivc) the tenancy-at-tenancy at will may be terminated by either party hereto upon 30 thirty (30) days’ prior written notice given by from Landlord. If Tenant fails to surrender the terminating party to Premises upon the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions termination of this Section 19 shall Lease, Tenant shall, in addition to other liabilities to Landlord, indemnify, defend and hold Landlord harmless from loss and liability resulting from that failure, including, but not constitute limited to, claims made by a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawsucceeding tenant.

Appears in 1 contract

Samples: Lease Agreement (Ikaria, Inc.)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, B attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected in Landlord’s sole discretion, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 21 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 21 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all Rent last prevailing hereunderhereunder for the entire calendar month, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (ivD) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 21 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawLaw and shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: CompoSecure, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BE, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 200% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: GlenRose Instruments Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" (as defined by Exhibit BEXHIBIT C, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s 's reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s 's personal property therefrom, except as otherwise expressly provided in this Lease; , and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations), Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section SECTION 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section SECTION 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days' prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section SECTION 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Advanced Lighting Technologies Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within 10 business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior ' written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. Notwithstanding the foregoing, in the event Landlord and Tenant are in good faith negotiations for the extension of the term of the Lease, per the terms of Exhibit D hereto, at the time of Lease expiration, then this lease will be extended for no more than two months under the same terms and conditions and Tenant will not be considered a tenant-at-will during said two months.

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto condition and incorporated herein by reference)in good working order and repair, and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Tenant Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the PremisesPremises (collectively, “Move Out Conditions”). Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with these Move Out Conditions prior the Expiration Date, the effective date of any earlier termination of this Lease, or the surrender date otherwise agreed to in writing by Landlord and Tenant. Landlord shall be permitted to inspect the Premises in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay 150% of the Holdover Percentage aggregate Rent that was in effect during the last month of the Term for the first three (as defined below3) multiplied by months of such holdover and for each month thereafter, 200% of the aggregate of all Rent that was in effect during the last prevailing hereundermonth of the Term. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, and also then Tenant shall pay be liable for all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law21.

Appears in 1 contract

Samples: Disturbance Agreement (Seagen Inc.)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear, damage due to casualty and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord’s reasonable satisfaction, within ten (10) business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant’s expense, and all reasonable expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of Section 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 fifteen (15) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Digital Lightwave Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.actual

Appears in 1 contract

Samples: KAR Holdings, Inc.

SURRENDER AND HOLDOVER. On the last day of the TermExpiration Date, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: (a) upon the Premises, Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of the Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; (c) . In the event that Tenant shall remove from not immediately surrender the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) on the Expiration Date, (y) the effective date of any Date or earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed to be a tenant-at-will; will pursuant to the terms and provisions of this Lease, except the daily Basic Rent shall be one hundred and fifty (ii150%) percent of the daily Basic Rent during the first two (2) months following the Expiration Date and thereafter at twice the daily Basic Rent in effect on the Expiration Date or earlier termination of this Lease (computed on the basis of a thirty (30) day month) . Notwithstanding the foregoing, if Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession hold over after the expiration Expiration Date or earlier termination of this Lease; (iii) there , and Landlord shall desire to regain possession of the Premises, then Landlord may forthwith re-enter and take possession of the Premises by any legal process provided under applicable state law. If Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant’s holdover, Tenant shall be no renewal liable to Landlord for all damages, including, without limitation, special or extension of this Lease by operation of law; and (iv) consequential damages, that Landlord suffers from the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by lawholdover.

Appears in 1 contract

Samples: Lease (Drugstore Com Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunderupon the Premises: (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit B, C attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected expected, with normal and customary use in accordance with (i) prudent operating practices and in accordance with (ii) the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care), and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property Property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any reasonable time prior to (x) the Expiration Date, (y) the effective date of any or earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession possession: (collectively, the “Termination Date”): (iA) Tenant shall be deemed a tenant-at-will; (iiB) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iiiC) there shall be no renewal or extension of this Lease by operation of law; and (ivD) the tenancy-at-will may be terminated by either party hereto Landlord upon 30 one day’s or Tenant upon thirty (30) days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights or other rights or remedies of Landlord provided hereunder or by lawLaw.

Appears in 1 contract

Samples: Water Now, Inc.

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Leaselease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession without the permission of Landlord: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior written ' notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Sparta Foods Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Leaselease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property ~s Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay one hundred fifty percent (150%) of the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated upon thirty (30) days' notice from Landlord; or, at the sole option of Landlord expressed by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used hereinTenant, the “Holdover Percentage” but not otherwise, such holding over shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-constitute a renewal of this Lease for a period of one (911) days after year on the Termination Date, 150%same terms and conditions as provided in this Lease. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Lasermaster Technologies Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within ten (10) business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of subsection 22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior ' written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Intest Corp

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, Lease or upon any repossession of re-entry by Landlord upon the Premises by Landlord hereunder: (pursuant to Section 22 below): (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” (as defined by Exhibit BE, attached hereto and incorporated herein by reference), and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care)) and such damage or destruction as Landlord is required to repair or restore under this Lease; (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; and (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice at least one (which may be delivered telephonically1) business day advance notice, and as long as Landlord does subject to the other entry requirements set forth in Section 16 of this Lease, but provided Tenant is not unreasonably interfere with Tenant’s operationsthen in default under this Lease, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 20 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 20 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): possession: (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by 150% of the aggregate of all Rent last prevailing hereunderhereunder on a pro-rated basis for the duration of any holdover by Tenant, and also shall pay all actual actual, reasonable and documented damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law. Notwithstanding the foregoing, if Tenant is required to restore the Premises and/or remove personal property under this provision, Tenant shall have the right to enter the Premises to the extent reasonably necessary to complete such restoration and/or removal, and any such entry shall not be deemed a holdover.

Appears in 1 contract

Samples: Industrial Building Lease (Cyberoptics Corp)

SURRENDER AND HOLDOVER. On In the event LESSEE remains in possession of the Premises after the expiration of this Lease without the execution of a new lease, it shall be deemed to be occupying the Premises as a tenant at sufferance, subject however to all of the terms, conditions, provisions and obligations of this Lease, except the monthly rent during such holdover shall be equal to the rent payable during the last month of the Lease Term immediately prior to the holdover (including Basic Rent and Additional Rent) plus fifty percent (50%) of such amount; provided, however, if LESSEE holds over for more than three months after the expiration of the Lease Term, the monthly rent payable during any remaining holdover period shall be equal to the greater of (i) one hundred fifty percent (150%) of the rent payable during the last month of the Lease Term immediately prior to the holdover (excluding, however, TI Rent), or (ii) one hundred thirty percent (130%) of the then current fair market rental rate for the Premises. The foregoing shall not constitute LESSOR’s consent for LESSEE to holdover for any period of time. If LESSEE remains in possession of the Premises after the expiration of this Lease without LESSOR’s consent, LESSEE shall also pay to LESSOR all damages sustained by LESSOR resulting from retention of possession by LESSEE, including without limitation, the loss of any proposed subsequent third-party tenant for all or any portion of the Premises, provided that LESSOR shall not be liable for any such damages resulting from the loss of any proposed subsequent third-party tenant unless LESSEE holds over for thirty (30) days or longer after LESSOR has notified LESSEE in writing that the LESSOR has entered into a new lease for the Premises with such subsequent third-party tenant Not later than the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises by Landlord hereunder: (a) Tenant LESSEE shall quit and surrender the Premises to Landlord “broom-clean” (in as defined by Exhibit Bgood condition as they were at the beginning of the Term, attached hereto ordinary wear and incorporated herein by reference)tear, casualty and in a condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices and in accordance with the covenants and requirements imposed under this Leasecondemnation excepted; however, subject only to such exception for ordinary wear and tear (as is attributable to deterioration by reason shall in no way relieve LESSEE of time its obligations for repair, replacement and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from maintenance during the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 19 shall survive the termination or expiration term of this Lease. If Tenant remains in possession after the Expiration Date hereof or after LESSEE shall also comply with any earlier termination date of this Lease or of Tenant’s right to possession (collectively, the “Termination Date”): (i) Tenant shall be deemed a tenant-at-will; (ii) Tenant shall pay the Holdover Percentage (as defined below) multiplied by the aggregate of all Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s remaining in possession after the expiration or termination of requirements under this Lease; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the tenancy-at-will may be terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%. The provisions of this Section 19 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Lease Agreement (Cryolife Inc)

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the preceding sentence or any other applicable provision of this Lease) upon the expiration or termination of the Term, Tenant shall cause such repairs to be performed, to Landlord's reasonable satisfaction, within ten (10) business days after the date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the right to cause the repairs to be performed, at Tenant's expense, and all such expenses so incurred by Landlord shall bear interest (at the rate specified in the second sentence of ss.22.3) from the date the expense is incurred until the date paid, in full, by Tenant (inclusive of interest). If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-willsufferance; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s 's remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be terminated by either party hereto upon 30 thirty (30) days’ prior ' written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Maxwell Shoe Co Inc

SURRENDER AND HOLDOVER. On the last day of the Term, or upon any earlier termination of this Lease, or upon any repossession of the Premises re-entry by Landlord hereunder: upon the Premises, (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean” (as defined by Exhibit B, attached hereto and incorporated herein by reference), " and in a good order, condition that would reasonably be expected with normal and customary use in accordance with prudent operating practices repair, except for ordinary wear and in accordance with the covenants tear and requirements imposed such damage or destruction as Landlord is required to repair or restore under this Lease, subject only to ordinary wear and tear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care); (b) Tenant shall remove all of Tenant’s personal property 's Property therefrom, except as otherwise expressly provided in this Lease; (c) Tenant shall remove from the Premises all motor vehicles of any nature whatsoever (including, but not limited to, automobiles, trucks, recreational vehicles and boats); and (d) Tenant shall surrender to Landlord any and all keys, access cards, computer codes or any other items used to access the Premises. Upon prior notice (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant’s operations, Landlord shall be permitted to inspect the Premises during normal business hours in order to verify compliance with this Section 19 at any time prior to (x) the Expiration Date, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first preceding sentence of this Section 19 shall survive the termination or expiration of this Lease. If Tenant remains in possession after the Expiration Date hereof or after any earlier termination date of this Lease or of Tenant’s 's right to possession possession: (collectively, the “Termination Date”): (ia) Tenant shall be deemed a tenant-at-will; (iib) Tenant shall pay the Holdover Percentage one hundred fifty percent (as defined below150%) multiplied by of the aggregate of all the Base Rent and Additional Rent last prevailing hereunder, and also shall pay all actual direct damages (but not incidental, consequential, punitive, special or other similarly speculative damages) sustained by Landlord, directly by reason of Tenant’s such remaining in possession after the expiration or termination of this Lease; (iiic) there shall be no renewal or extension of this Lease by operation of law; and (ivd) the tenancy-at-will may be immediately (or any longer period specified by Landlord in the notice) terminated by either party hereto upon 30 days’ prior written notice given by the terminating party to the non-terminating party. As used herein, the “Holdover Percentage” shall mean either (A) during the first ninety (90) days after the Termination Date, 125% or (B) from and after ninety-one (91) days after the Termination Date, 150%Landlord. The provisions of this Section 19 20 shall not constitute a waiver by Landlord of any re-entry rights of Landlord provided hereunder or by law.

Appears in 1 contract

Samples: Gantos Inc

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