Common use of SURRENDER AND TERMINATION Clause in Contracts

SURRENDER AND TERMINATION. All fixtures, equipment, improvements and appurtenances attached to or built into the demised premises prior to or during the term, whether by Lessor, at its expense or at the expense of Lessee, or by Lessee, shall be and remain part of the demised premises (other than for those items listed on Schedule I) and shall not be removed by Lessee at the end of the term, unless Lessor, at least one hundred twenty (120) days prior to the expiration of the term, notifies Lessee to remove the same, it being understood and agreed that Lessee, at its sole cost and expense but without any demand of, or notice by, Lessor to do so, must, at or prior to the expiration or earlier termination of this Lease, remove the items listed on Schedule I and repair all damages to the Buildings or Land occasioned by, resulting from, or arising out of, the original installation and/or removal of said items. All of Lessee's removable trade fixtures and removable business equipment (no Buildings system or equipment shall be, or be deemed to be, Lessee's business equipment) may be removed by Lessee upon condition that such removal does not materially damage the Buildings and that the repair of any such damage shall be made by Lessee prior to the expiration of the term of this Lease, or if Lessee fails to make such repairs, the cost of repairing any damage to the Buildings arising from such removal shall be done by Lessor, but be paid by Lessee. Any property of Lessee or of any subtenant or occupant that Lessee has the right to remove or may hereunder be required to remove which shall remain in the Buildings after the expiration or termination of the term of this Lease shall be deemed to have been abandoned by Lessee, and either may be retained by Lessor as its property or may be disposed of in such manner as Lessor may see fit; provided, however, that, notwithstanding the foregoing, in the event of any failure of Lessee to promptly remove the items requested by Lessor to be removed or for which Lessee is required to remove and/or restore any damage to the demised premises occasioned by such removal, Lessor, at Lessee's cost and expense, may remove the items Lessee failed to remove and/or effect all repairs to the demised premises. If such property or any part thereof shall be sold, Lessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of base rent, additional rent or other charge payable hereunder and any damages to which Lessor may be entitled hereunder or pursuant to law. Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the demised premises, broom clean, in the same order and condition, as of the date hereof, ordinary wear excepted, and Lessee shall (i) remove all of its property and other items that it is permitted or required hereunder to remove and (ii) repair all damage to the demised premises occasioned by such removal. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease.

SURRENDER AND TERMINATION. All fixtures, equipment, improvements and appurtenances attached to or built into the demised premises Premises prior to or during the term, whether by Lessor, at its expense or at the expense of Lessee, or by Lessee, shall be and remain part of the demised premises (other than for those items listed on Schedule I) Premises and shall not be removed by Lessee at the end of the term, unless Lessor, at least one hundred twenty thirty (12030) days prior to the expiration of the term, notifies Lessee to remove the same, it being understood and agreed that Lessee, at its sole cost and expense but without any demand of, or notice by, Lessor to do so, must, at or prior to the expiration or earlier termination of this Lease, remove the items listed on Schedule I and repair all damages to the Buildings or Land occasioned by, resulting from, or arising out of, the original installation and/or removal of said items. All of Lessee's ’s removable trade fixtures and removable business equipment (no Buildings system or equipment shall be, or be deemed to be, Lessee's business equipment) may be removed by Lessee upon condition that such removal does not materially damage the Buildings and that the repair of any such damage shall be made by Lessee prior to the expiration of the term of this Lease, or if Lessee fails to make such repairs, the cost of repairing any damage to the Buildings Premises or the Building arising from such removal shall be done by Lessor, but be paid by LesseeXxxxxx. Any property of Lessee or of any subtenant sub-Lessee or occupant that Lessee has the right to remove or may hereunder be required to remove which shall remain in the Buildings Premises after the expiration or termination of the term of this Lease shall be deemed to have been abandoned by Lessee, and either may be retained by Lessor as its property or may be disposed of in such manner as Lessor may see fit; provided, however, that, notwithstanding the foregoing, in the event of any failure of Lessee to promptly remove the items requested by Lessor to be removed or for which Lessee is required to remove and/or restore any damage to the demised premises Building or Premises occasioned by such removal, Lessor, at Lessee's ’s cost and expenseexpense (for reasonable expenses actually incurred by Lessor), may remove the items Lessee failed to remove and/or effect all repairs to the demised premisesBuilding and Premises. If such property or any part thereof shall be sold, Lessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of base rentBase Rent, additional rent or other charge payable hereunder and any damages to which Lessor may be entitled hereunder or pursuant to law. Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the demised premisesPremises, broom clean, in the same good order and condition, as of the date hereof, ordinary wear excepted, and Lessee shall (i) remove all of its property and other items that it is permitted or required hereunder to remove and (ii) repair all damage to the demised premises Building and/or the Premises occasioned by such removal. Lessee's ’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease.

SURRENDER AND TERMINATION. All fixtures, equipment, improvements and appurtenances attached to or built into the demised premises prior to or during the term, whether by Lessor, at its expense or at the expense of Lessee, or by Lessee, shall be and remain part of the demised premises (other than for those items listed on Schedule I) and shall not be removed by Lessee at the end of the term, unless Lessor, at least one hundred twenty fifteen (12015) days prior to the expiration of the term, notifies Lessee to remove the same, it being understood and agreed that Lessee, at its sole cost and expense but without any demand of, or notice by, Lessor to do so, must, at or prior to the expiration or earlier termination of this Lease, remove the items listed on Schedule I and repair all damages to the Buildings or Land occasioned by, resulting from, or arising out of, the original installation and/or removal of said items. All of Lessee's removable trade fixtures and removable business equipment (no Buildings system or equipment shall be, or be deemed to be, Lessee's business equipment) may be removed by Lessee upon condition that such removal does not materially damage the Buildings demised premises or the Building and that the repair of any such damage shall be made by Lessee prior to the expiration of the term of this Lease, or if Lessee fails to make such repairs, the cost of repairing any damage to the Buildings demised premises or the Building arising from such removal shall be done by Lessor, but be paid by Lessee. Any property of Lessee or of any subtenant sublessee or occupant that Lessee has the right to remove or may hereunder be required to remove which shall remain in the Buildings Building after the expiration or termination of the term of this Lease shall be deemed to have been abandoned by Lessee, and either may be retained by Lessor as its property or may be disposed of in such manner as Lessor may see fit; provided, however, that, notwithstanding the foregoing, in the event of any failure of Lessee to promptly remove the items requested by Lessor to be removed or for which Lessee is required to remove and/or restore any damage to the Building or demised premises occasioned by such removal, Lessor, at Lessee's cost and expense, may remove the items Lessee failed to remove and/or effect all repairs to the Building and the demised premises. If such property or any part thereof shall be sold, Lessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of base rent, additional rent or other charge payable hereunder and any damages to which Lessor may be entitled hereunder or pursuant to law. Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the demised premises, broom clean, in the same good order and condition, as of the date hereof, ordinary wear excepted, and Lessee shall (i) remove all of its property and other items that it is permitted or required hereunder to remove and (ii) repair all damage to the Building and/or the demised premises occasioned by such removal. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease.

SURRENDER AND TERMINATION. All fixtures, equipment, improvements and appurtenances attached to or built into the demised premises prior to or during the term, whether by Lessor, at its expense or at the expense of Lessee, or by Lessee, shall be and remain part of the demised premises (other than for those items listed on Schedule I) and shall not be removed by Lessee at the end of the term, unless Lessor, at least one hundred twenty fifteen (12015) days prior to the expiration of the term, notifies Lessee to remove the same, it being understood and agreed that Lessee, at its sole cost and expense but without any demand of, or notice by, Lessor to do so, must, at or prior to the expiration or earlier termination of this Lease, remove the items listed on Schedule I and repair all damages to the Buildings or Land occasioned by, resulting from, or arising out of, the original installation and/or removal of said items. All of Lessee's removable trade fixtures and removable business equipment (no Buildings system or equipment shall be, or be deemed to be, Lessee's business equipment) may be removed by Lessee upon condition that such removal does not materially damage the Buildings Building and that the repair of any such damage shall be made by Lessee prior to the expiration of the term of this Lease, or if Lessee fails to make such repairs, the cost of repairing any damage to the Buildings demised premises or the Building arising from such removal shall be done by Lessor, but be paid by Lessee. Any property of Lessee or of any subtenant or occupant that Lessee has the right to remove or may hereunder be required to remove which shall remain in the Buildings Building after the expiration or termination of the term of this Lease shall be deemed to have been abandoned by Lessee, and either may be retained by Lessor as its property or may be disposed of in such manner as Lessor may see fit; : provided, however, that, notwithstanding the foregoing, in the event of any failure of Lessee to promptly remove the items requested by Lessor to be removed or for which Lessee is required to remove and/or restore any damage to the Building or demised premises occasioned by such removal, Lessor, at Lessee's cost and expense, may remove the items Lessee failed to remove and/or effect all repairs to the Building and demised premises. If such property or any part thereof shall be sold, Lessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of base rent, additional rent or other charge payable hereunder and any damages to which Lessor may be entitled hereunder or pursuant to law. Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the demised premises, broom clean, in the same good order and condition, as of the date hereof, ordinary wear excepted, and Lessee shall (i) remove all of its property and other items that it is permitted or required hereunder to remove and (ii) repair all damage to the Building and/or the demised premises occasioned by such removal. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Leaselease.

SURRENDER AND TERMINATION. All fixtures, equipment, improvements and appurtenances attached to or built into the demised premises Demised Premises prior to or during the term, whether by Lessor, at its expense or at the expense of Lessee, or by Lessee, shall be and remain part of the demised premises (other than for those items listed on Schedule I) Demised Premises and shall not be removed by Lessee at the end of the term, unless with regard to any improvements made by Lessee during the Lease Term for which Lessee has requested Lessor’s consent, Lessor has advised Lessee at least one hundred twenty (120) days prior the time its consent is given, that such improvements may be required to be removed at the expiration end of the term, notifies Lessee to remove the same, it being understood and agreed that Lessee, at its sole cost and expense but without any demand of, or notice by, Lessor to do so, must, at or prior to the expiration or earlier termination of this Lease, remove the items listed on Schedule I and repair all damages to the Buildings or Land occasioned by, resulting from, or arising out of, the original installation and/or removal of said itemsLease Term. All of Lessee's ’s removable trade fixtures and removable business equipment (no Buildings system or equipment shall be, or be deemed to be, Lessee's business equipment) may be removed by Lessee upon condition that such removal does not materially damage the Buildings Premises and that the repair cost of repairing any damage to the Demised Premises or the Building arising from such damage removal shall be made paid by Lessee (or the repairs shall be performed by Lessee prior to the expiration of the term of this Lease, or if Lessee fails to make such repairs, the cost of repairing any damage to the Buildings arising from such removal shall be done by Lessor, but be paid by LesseeLease Term). Any property of Lessee or of any subtenant or occupant that Lessee has the right to remove or may hereunder be required to remove which shall remain in the Buildings Premises after the expiration or termination of the term of this Lease shall be deemed to have been abandoned by Lessee, and either may be retained by Lessor as its property or may be disposed of in such manner as Lessor may see fit; provided, however, that, notwithstanding the foregoing, in the event of any failure of Lessee to promptly remove the items properly requested by Lessor to be removed or for which Lessee is required to remove and/or restore any damage to the demised premises Building or Demised Premises occasioned by such removal, Lessor, at Lessee's ’s cost and expense, may remove the items Lessee failed to remove and/or effect all repairs to the demised premisesBuilding and Demised Premises. If such property or any part thereof shall be sold, Lessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of base rentBase Rent, additional rent or other charge payable hereunder and any damages to which Lessor may be entitled hereunder or pursuant to law. Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the demised premisesDemised Premises, broom clean, in the same good order and condition, as of the date hereof, ordinary wear and tear, damage from casualty and any of Lessor’s obligations hereunder excepted, and Lessee shall (i) remove all of its property and other items that it is permitted or required hereunder to remove and (ii) repair all damage to the demised premises Building and/or the Demised Premises occasioned by such removal. Lessee's ’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. The foregoing notwithstanding, Lessee shall, at Lessee’s sole cost and expense, remove any and all furniture, fixtures, and equipment which has been conveyed to Lessee by way of the Bxxx of Sale specifically including, without limitation, all of the HEPA HVAC systems detailed in the Bxxx of Sale and otherwise restore and/or repair the Demised Premises due to any damages that are caused by the removal of such furniture, fixtures and equipment, provided however, to the extent that any of the forgoing items are served by accessions in the Demised Premises, such as ductwork, electrical lines or plumbing lines, Lessee shall not be required to remove such accessions but shall be responsible to cap off, seal off or otherwise leave such accessions in a safe state and condition.