Common use of SURRENDER AND HOLDOVER Clause in Contracts

SURRENDER AND HOLDOVER. Upon the expiration or sooner termination of this Lease, Tenant shall surrender to Landlord the Premises, together with all other property affixed to the Premises (excepting trade fixtures), "broom clean" and in the same order and condition in which Tenant received said Premises, ordinary wear and tear excepted. Unless an event of default as hereinafter defined has occurred and remains uncured, Tenant, prior to the expiration of the Term shall remove all of Tenant's trade fixtures and personal property from the Premises. Any damage to the Premises caused by such removal shall be repaired by Tenant prior to the expiration of the Term. At Landlord's option, if Tenant fails to remove such trade fixtures and personal property, then the same shall be deemed Landlord's property. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with the consent of the Landlord, then Tenant shall be deemed to be occupying the Premises as a tenant from month to month at the rent hereinafter specified (pro rated on a monthly basis), subject to all conditions, provisions and obligations of this Lease insofar as the same are applicable to month-to-month tenancy. Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal or extension of this Lease, and this provision shall not be deemed to waive Landlord's right of re-entry or any other right or remedy hereunder or provided by law.

Appears in 1 contract

Samples: Lease Agreement (Bindley Western Industries Inc)

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SURRENDER AND HOLDOVER. Upon the expiration or sooner other termination of ---------------------- this Lease, Tenant . Lessee shall quit and surrender to Landlord Lessor the Leased Premises, together with all other property affixed to the Premises (excepting trade fixtures)Leased Premises, "broom clean" , and in the same good order and condition in which Tenant received said Premisescondition, ordinary wear and tear tear, fire and similar casualty excepted. Unless an event Any damage caused to the Leased Premises by removal of default any property shall be promptly repaired by Lessee. Lessee shall remove all property of Lessee as hereinafter defined has occurred directed by Lessor; and remains uncuredfailing to do so, TenantLessor may cause all of said property to be removed at the expense of Lessee, and Lessee hereby agrees to pay all the costs and expenses thereby reasonably incurred. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. Lessee shall, prior to the expiration of the Term shall Lease Term, remove all of TenantLessee's trade fixtures and personal property from the Premises. Any equipment, and any damage to the Leased Premises caused by such removal shall be repaired by Tenant promptly repaired; provided, however, that all alterations or additions to the Leased Premises shall, at the option of Lessor, become a part of the Building and the property of Lessor. Lessee shall give written notice to Lessor at least thirty (30) days prior to vacating the Leased Premises and shall arrange to meet with Lessor for a joint inspection of the Leased Premises prior to vacating. In the event of Lessee's failure to give such notice or arrange such joint inspection, Lessor's inspection at or after Lessee's vacating the Leased Premises shall be conclusively deemed correct for purposes of determining Lessee's responsibility for repairs and restoration. If Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term. At Landlord's option, if Tenant fails to remove such trade fixtures and personal property, then the same Lease shall be deemed Landlord's propertya lessee of the Leased Premises from month to month with the Minimum Rent being increased to an amount equal to 150% of the Minimum Rent in effect at the end of the Lease Term and the term of the Lease shall be month-to-month. If Tenant All other terms and conditions of this Lease shall remain in full force and effect during such time Lessee remains in possession of all or any part of the Premises Leased Premises. Acceptance by Lessor of rent after the such expiration of the Term, with the consent of the Landlord, then Tenant or earlier termination shall be deemed to be occupying the Premises as not result in a tenant from month to month at the rent hereinafter specified (pro rated on a monthly basis), subject to all conditions, provisions and obligations renewal of this Lease insofar as and Lessee shall vacate and surrender the same are applicable Leased Premises to month-to-month tenancy. Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal or extension of this Lease, and this provision shall not be deemed Lessor upon Lessee being given thirty (30) days' prior written notice from Lessor to waive Landlord's right of re-entry or any other right or remedy hereunder or provided by lawvacate.

Appears in 1 contract

Samples: Lease Agreement (Prestolite Electric Inc)

SURRENDER AND HOLDOVER. Upon the expiration or sooner earlier termination of the term of this Lease. Tenant agrees to quit and surrender the Leased Premises, Tenant shall surrender restoring the same to Landlord its original condition and repair as of the Premisesdelivery of the same to Tenant, together with all other property affixed keys and combinations to locks, safes and vaults and together with all improvements, alterations, additions, fixtures and equipment at any time made or installed in, upon or to the Leased Premises (excepting except personal property and other unattached movable trade fixturesfixtures put in at Tenant's expense), "broom clean" and in the same order and condition in which Tenant received said Premises, ordinary wear and tear excepted. Unless an event of default as hereinafter defined has occurred and remains uncured, Tenant, prior to the expiration of the Term shall remove all of Tenant's trade fixtures which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Tenant shall completely repair at its own cost and personal property from the Premises. Any expense any and all damage to the Leased Premises resulting from or caused by such removal shall be repaired by Tenant restoring the Leased Premises to the condition which existed prior to the expiration installation of the Termarticles so removed. At Landlord's option, if In the event that Tenant fails to remove such trade fixtures and personal property, then shall hold over the same shall be deemed Landlord's property. If Tenant remains in possession of all or any part of the Leased Premises after the expiration of the Termterm hereof (and in addition to other rights and remedies in favor of Landlord set forth elsewhere in this Lease), with then during the consent period of such holding over Tenant shall pay to Landlord monthly rental computed on the basis of 1/6th of the Landlordtotal sums payable by Tenant to Landlord for the preceding twelve (12) month period, then including all charges provided by this Lease. If Tenant shall be deemed fails to be occupying surrender the Leased Premises as in a tenant from month to month at timely manner upon the rent hereinafter specified (pro rated on a monthly basis), subject to all conditions, provisions and obligations of this Lease insofar as the same are applicable to month-to-month tenancy. Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal or extension termination of this Lease, and this provision shall not be deemed in addition to waive Landlord's right of re-entry or any other right liabilities to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from loss or remedy hereunder liability resulting from such failure, including, without limiting the generality of the foregoing, any consequential damages suffered by Landlord and any claims made by a succeeding occupant or provided by lawa purchaser or mortgagee founded on such failure.

Appears in 1 contract

Samples: Office Lease (Made2manage Systems Inc)

SURRENDER AND HOLDOVER. Upon Lessee may hold over at the end of the term without extending the term or renewing the Lease provided that Lessor has not given thirty (30) days prior written notice to Lessee to vacate on the expiration date. Tenancy shall continue on a month to month basis at the same monthly rent in effect at the end of the Lease term and upon the same terms and conditions as herein set forth until terminated by either party by providing thirty (30) days prior written notice to the other party prior to the desired termination date. Acceptance by the Lessor of rent after such termination shall not constitute a renewal of this Lease or sooner a consent to occupancy, except as set forth in this Section 15, nor shall it waive Lessor's first right of reentry or any other right contained herein. On termination of this Lease, Tenant Lessee shall deliver all keys to Lessor and surrender to Landlord the Premises, together with all other property affixed to the Premises (excepting trade fixtures)in same condition as at the commencement of the term, "broom clean" subject only to damage beyond control of Lessee and in the same order and condition in which Tenant received said Premises, ordinary to reasonable wear and tear exceptedfrom ordinary use. Unless an event of default as hereinafter defined has occurred and remains uncured, Tenant, prior to the expiration of the Term Lessee shall remove all of Tenant's its furnishings and trade fixtures that remain its property and personal property from the PremisesLessee may dispose of it in any manner without liability. Any damage to the Premises caused by such removal Lessee shall be repaired by Tenant prior to the expiration of the Term. At Landlord's option, if Tenant fails have no obligation to remove such trade fixtures and personal property, then the same shall be deemed Landlord's property. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with alterations made by Lessee which do not require the consent of the Landlord, then Tenant shall be deemed Lessor under Section 9 or which have been consented to be occupying the Premises as a tenant from month to month at the rent hereinafter specified (pro rated by Lessor in accordance with Section 9 and where such consent was not specifically conditioned on a monthly basis), subject to all conditions, provisions and obligations of this Lease insofar as the same are applicable to month-to-month tenancy. Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal or extension of this Lease, and this provision shall not be deemed to waive Landlord's right of re-entry or any other right or remedy hereunder or provided by lawsuch removal.

Appears in 1 contract

Samples: Lease Agreement (Province Healthcare Co)

SURRENDER AND HOLDOVER. Upon the expiration or sooner termination of this Lease, Lease Tenant shall surrender to Landlord the Leased Premises, together with all other property affixed to the Leased Premises (excepting trade fixtures), "broom clean" and in the same order and condition in which Tenant received said Premisesthem, the effects of ordinary wear and tear wear, acts of God, casualty, insurrection, riot or public disorder excepted. Unless an event of default as hereinafter defined has occurred and remains uncured, Tenant, Tenant shall prior to the expiration of the Term shall term remove all of Tenant's trade fixtures and personal property from the Leased Premises. Any damage to the Leased Premises caused by such removal shall be repaired by Tenant prior to the expiration of the Termterm. At Landlord's option, if Tenant fails to remove such trade fixtures and personal property, property then the same shall be deemed the Property of Landlord's property. If Tenant remains shall remain in possession of all or any part of the Leased Premises after the expiration of the Termterm of this Lease, with the consent of the Landlord, then the Tenant shall be deemed to be occupying the Premises as a tenant lessee from month to month at the rent hereinafter specified (pro rated on a monthly basis), same rental and subject to all conditionsof the other applicable covenants, provisions terms and obligations of conditions hereof. Tenant shall not assign, mortgage, encumber, or transfer this Lease insofar as in whole or in part, or sublet the same are applicable to month-to-month tenancy. Leased Premises or any part thereof, nor grant a license or concession in connection therewith without the prior written consent of Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal or extension of this Lease, and this provision which consent shall not be deemed to waive Landlord's right unreasonably withheld. This prohibition shall include any act which has the effect of re-entry an assignment or any other right or remedy hereunder or provided by lawtransfer.

Appears in 1 contract

Samples: Lease

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SURRENDER AND HOLDOVER. Upon On the expiration Expiration Date, or sooner upon any earlier termination of this Lease, Tenant shall surrender to or upon any re-entry by Landlord upon the Premises, together with all other property affixed to Tenant shall quit and surrender the Premises (excepting trade fixtures), "broom to Landlord “broom-clean" and in the same order good order, condition and condition in which Tenant received said Premisesrepair, except for ordinary wear and tear excepted. Unless an event of default and such damage or destruction as hereinafter defined has occurred Landlord is required to repair or restore under this Lease, and remains uncured, Tenant, prior to the expiration of the Term Tenant shall remove all of the Tenant's trade fixtures and personal property from ’s Property therefrom, except as otherwise expressly provided in this Lease. In the Premises. Any damage to event that Tenant shall not immediately surrender the Premises caused by such removal to Landlord on the Expiration Date or earlier termination of this Lease, Tenant’s possession shall be repaired subject to immediate termination by Tenant prior to the expiration Landlord at any time, and all of the Termother terms and provisions of this Lease (excluding any expansion or renewal options) shall be applicable during such holdover period, except the daily Basic Rent shall be one hundred fifty percent (150%) of 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) . At Landlord's optionNotwithstanding the foregoing, if Tenant fails to remove such trade fixtures and personal property, then the same shall be deemed Landlord's property. If Tenant remains in possession of all or any part of the Premises hold over after the expiration of the Term, with the consent of the Landlord, then Tenant shall be deemed to be occupying the Premises as a tenant from month to month at the rent hereinafter specified (pro rated on a monthly basis), subject to all conditions, provisions and obligations of this Lease insofar as the same are applicable to month-to-month tenancy. Landlord's acceptance of rent after the expiration of the term shall not constitute a renewal Expiration Date or extension earlier termination of this Lease, and this provision Landlord shall not be deemed desire to waive Landlord's right regain possession of the Premises, then Landlord may forthwith re-entry enter and take possession of the Premises without process, or by any other right legal process provided under applicable state law. If Landlord is unable to deliver possession of the Premises to a new tenant, or remedy hereunder to perform improvements for a new tenant, as a result of Tenant’s holdover, Tenant shall be liable to Landlord for all damages, including, without limitation, special or provided by lawconsequential damages, that Landlord suffers from the holdover.

Appears in 1 contract

Samples: Office Building Lease (Flexpoint Sensor Systems Inc)

SURRENDER AND HOLDOVER. Upon On the expiration last day of the term of this Lease, or sooner upon any earlier termination of this Lease, Tenant shall surrender to or upon any re-entry by Landlord upon the Premises, together with all other property affixed to Tenant shall quit and surrender the Premises (excepting trade fixtures), to Landlord "broom broom-clean" and in the same order good order, condition and condition in which Tenant received said Premisesrepair, except for ordinary wear and tear excepted. Unless an event of default and such damage or destruction as hereinafter defined has occurred Landlord is required to repair or restore under this Lease, and remains uncured, Tenant, prior to the expiration of the Term Tenant shall remove all of the Tenant's trade fixtures and personal property from the PremisesProperty therefrom except as otherwise expressly provided in this Lease. Any damage to the Premises caused by such removal shall be repaired by Tenant No termination of this Lease prior to the expiration of the Term. At Expiration Date shall affect Landlord's option, if Tenant fails right to remove such trade fixtures collect Gross Rent and personal property, then Additional Rent for any period prior to the same shall be deemed Landlord's propertyeffective date of termination. If Tenant remains in possession of all or any part of the Premises after the expiration of the TermExpiration Date hereof, with the consent of the Landlord, then (a) Tenant shall be deemed to be occupying the Premises as a tenant from month to month at will, (b) Tenant shall pay two hundred percent (200%) of the rent hereinafter specified (pro rated on a monthly basis)Gross Rent and Additional Rent last prevailing hereunder, subject to and also shall pay all conditionsdamages sustained by Landlord, provisions and obligations consequential as well as direct, by reason of this Lease insofar as the same are applicable to month-to-month tenancy. Landlord's acceptance of rent such remaining in possession after the expiration or termination of the term this Lease, (c) there shall not constitute a be no renewal or extension of this LeaseLease by operation of law, and (d) the tenancy at will may be terminated upon thirty (30) days' notice from Landlord. The provisions of this provision Article shall not be deemed to waive Landlord's right constitute a waiver by Landlord of any re-entry or any other right or remedy rights of Landlord provided hereunder or provided by law.

Appears in 1 contract

Samples: Lease Agreement (Commerx Inc)

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