Common use of Surrender Holding Over Clause in Contracts

Surrender Holding Over. Upon the expiration or other termination of this Lease, Lessee shall quit and surrender to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, ordinary wear and tear and damage by fire and the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If the Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other.

Appears in 1 contract

Sources: Lease Amendment (Bway Corp)

Surrender Holding Over. Upon On the expiration or other earlier termination of this Lease, Lessee Tenant shall quit and surrender yield up the Premises to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) Landlord in the same condition and repair in which the Premises were on the Commencement Date, or as the Leased Premises were received by Lesseesame may have been improved during the Term, ordinary reasonable wear and tear tear, obsolescence excepted, and damage by subject to fire and the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost casualty and expense, unless Lessor condemnation which shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed be governed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination applicable provisions of this Lease. Tenant shall not be required to remove any Tenant Improvements or alterations or other improvements to the Premises permitted by Landlord unless Landlord's consent thereto was conditioned in writing upon removal thereof. Tenant shall, however, have the right to remove any trade fixtures or equipment, provided it shall repair any damage to the Premises resulting therefrom. If the Lessee shall remain Tenant remains in possession of all or any part of the Leased Premises after the expiration of the Lease Term, then or after any permitted termination of the Lessee Lease by Landlord, with Landlord's acquiescence and without any written agreement between the parties, Tenant shall be deemed Lessee of the Leased Premises from month to month a tenant at sufferance and such tenancy shall be subject to all the terms and conditions provisions hereof, except that the monthly rent payable by Lessee Monthly Base Rental for said holdover period shall be one hundred twenty-five fifty percent (125150%) of the monthly rent paid by Lessee for amount of Rent due in the last full month of the Lease Term. Either Lessee or Lessor There shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice be no renewal of this Lease by operation of law. Nothing in this Paragraph shall be construed as a consent by Landlord to the otherpossession of the Premises by Tenant after the expiration or earlier termination of the Term.

Appears in 1 contract

Sources: Lease Agreement (Labone Inc/)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, Lessee or upon any re-entry by Landlord upon the demised premises, Tenant shall peaceably and without notice of any sort, quit and surrender the demised premises to the Lessor the Leased Premises Landlord in good order, condition and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, except for ordinary wear and tear and such damage by fire and or destruction as landlord is required to repair or restore under the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term terms of this Lease; (b) Remove , and Tenant shall remove all of the doors and doorways Tenant's property therefrom. Tenant specifically agrees, that in the interior demising walls between event Tenant retains possession and does not so quit or surrender the original units demised premises to Landlord, then Tenant shall pay to Landlord (i) all reasonable damages that Landlord may suffer on account of Tenant's failure to so surrender and quit the demised premises, and Tenant will indemnify and save Landlord harmless from and against any and all claims made by any succeeding tenant of the Leased Premises demised premises against Landlord on account of delay of Landlord in delivering possession of the demised premises to said succeeding tenant to the extent that such delay is occasioned by the failure of Tenant to so quit and close surrender said premises and (ii) rent for each month or any applicable portion of a month of such holding over at twice the openings to restore them to their original conditions; (c) Return amount payable for the loading door shown month immediately preceding the termination of this Lease, during the time the Tenant thus remains in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the possession. The provisions of this paragraph 20 hereof with respect to do not waive any of the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove Landlord's rights of re-entry or any other equipment, trade fixtures and other property of Lessee as directed by right under the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination terms of this Lease. If Tenant shall fail to surrender the Lessee premises as herein provided, no new tenancy shall remain in possession be created and Tenant shall be guilty of all unlawful detainer. No surrender of this Lease or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee premises shall be deemed Lessee of binding on the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable Landlord unless acknowledged by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherLandlord in writing.

Appears in 1 contract

Sources: Business Property Lease (Pharmasystems Holdings Corp)

Surrender Holding Over. Upon the expiration or other termination of this Leasethe Term, Lessee Tenant shall promptly quit the Premises and surrender to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lesseeto Landlord in good order and condition, ordinary wear and tear and damage loss by fire and the elements or other casualty excepted; provided, however, that prior unless due to the expiration or other termination negligence of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached heretoTenant, and any replacements thereof, and Tenant shall remove all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipmentmovable furniture, trade fixtures and other personal property. The parties agree that their respective rights and obligations regarding goods, furniture, furnishings, trade fixtures and any other personal property belonging to Tenant which is left in the Premises at the end of Lessee as directed the Term will be governed by the Lessor. Any damage caused to the Leased Premises by removal provisions of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction Section 52 of Title 41 of the Lessor. In Oklahoma Statutes, as the event Lessee fails same may be amended from time to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Leasetime. If the Lessee shall remain Tenant remains in possession of all or any part of the Leased Premises after the expiration of the Lease TermTerm and continues to pay Rent, and Landlord accepts such Rent, without any express written agreement as to such holding over, then the Lessee such holding over shall be deemed Lessee of the Leased Premises to be a tenancy from month to month month-to-month, subject to all the terms and conditions hereof, except hereof on the part of Tenant to be observed and performed and at a monthly rent payable by Lessee shall be one Base Rent equivalent to two hundred twenty-five percent (125200%) of the monthly rent paid Base Rent payable by Lessee for Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall be payable in advance on the last month same day of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration of the Lease Term. Either Lessee Term or Lessor to relieve Tenant of its obligation as set forth above to surrender the Premises at the end of the Term and any holdover without Landlord’s consent shall have the be deemed a default hereunder entitling Landlord to all of its rights and remedies set forth in Article 15 below, including, without limitation, its right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherrecover consequential damages resulting from said holdover.

Appears in 1 contract

Sources: Office Lease Agreement (Amerivision Communications Inc)

Surrender Holding Over. Upon A. On the expiration last day of the Term, or other upon any earlier termination of this LeaseLease in accordance with the terms hereof, Lessee shall Tenant shall, at its own expense, quit and surrender the Demised Premises to the Lessor the Leased Premises Landlord broom clean, in good order, condition and Lessee’s rights with respect to the Real Estaterepair except for ordinary wear, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, ordinary wear and tear and damage by fire or other insured casualty, together with all improvements which have been made upon the Demised Premises (except as otherwise provided for in this Lease), Tenant shall remove from the Demised Premises and the elements excepted; provided, however, that prior Property all of Tenant's Property and shall deliver all keys and pass cards to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing:Landlord. (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. B. If the Lessee shall remain in possession of all or any part of the Leased Demised Premises after are not surrendered at the expiration of the Lease Term, then Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Lessee Demised Premises, including any claims made by any succeeding tenant founded on such delay and reasonable attorneys’ fees incurred in connection therewith. C. After the expiration of the Term, or any extension thereof, if Tenant shall continue in possession thereafter, such possession shall be deemed Lessee on a month-to-month basis upon the same terms of the Leased Premises from month to month subject to all the terms and conditions hereofthis Lease, except the monthly rent payable by Lessee shall be but at one hundred twenty-five fifty percent (125150%) of the monthly rent paid by Lessee for Base Rent payable during the last month of the Lease Term. Either Lessee or Lessor shall have expired Term until terminated at the right to terminate such month-to-end of the month tenancy by either party upon not less than ninety thirty (9030) days prior advance written notice to the otherother party. Nothing contained herein shall be construed as a consent by the Landlord to a holdover by Tenant or as a waiver of any remedy available to Landlord at law or in equity. D. Tenant's obligations under this Article 12 shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (VerifyMe, Inc.)

Surrender Holding Over. Upon 21.01. On the expiration last day of the Term or other upon the earlier termination of this Lease, Lessee Tenant shall quit remove Tenant's Property and peaceably and quietly surrender the Premises to Landlord in accordance with the Terms of the Lease, broom clean, in good order, repair and condition, excepting only reasonable wear and tear resulting from normal use and damage by fire or casualty. Prior to the Lessor surrender of the Leased Premises to Landlord, Tenant at its sole cost and Lessee’s rights expense shall remove all liens and other encumbrances that may have resulted from the acts or omissions of Tenant. If Tenant fails to do any of the foregoing, Landlord, in addition to other remedies available to it at law or equity, may, without notice, enter upon, reenter, possess and repossess the Premises, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and all persons and property from the Premises; and Tenant waives any and all damages or claims for damages as a result thereof. Such dispossession and removal of Tenant shall not constitute a waiver by Landlord of any claims by Landlord against Tenant. 21.02. If Tenant does not surrender possession of the Premises at the end of the Term or upon earlier termination of this Lease, Tenant shall be a tenant-at-sufferance of Landlord and the monthly Base Rent due during such holdover period shall be 1.5 times the installment of Base Rent payable with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, ordinary wear and tear and damage by fire and the elements excepted; provided, however, that last full calendar month immediately prior to the expiration or other termination end of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements Term or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If In addition, Tenant shall continue to pay all applicable Additional Rent for such period. No holding over by Tenant shall operate to extend this Lease, and in the Lessee event of any such holding over, Tenant shall, in addition to all other obligations and liabilities of Tenant hereunder (all of which shall remain in possession full force and effect during the entire period of any such holding over) indemnify, defend, and hold harmless Landlord from and against any and all claims, damages, costs, expenses and liabilities, including but not limited to court costs and attorney's fees, by any person or any part entity, including, without limitation, Overlandlord and/or mortgagees of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherBuilding.

Appears in 1 contract

Sources: Lease Agreement (Penwest Pharmaceuticals Co)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, Lessee or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably and without notice of any sort, quit and surrender the Demised Premises to the Lessor the Leased Premises Landlord in good order, condition, and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, except for ordinary wear and tear and such damage or destruction as Landlord is required to repair or restore under the terms of this Lease, and Tenant shall remove all of Tenant’s property therefrom. Tenant specifically agrees that in the event Tenant retains possession and does not so quit and Surrender the Demised Premises to Landlord, then Tenant shall pay Landlord (i) all damages that Landlord may suffer on account of Tenant’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by fire and succeeding tenant of the elements excepted; provided, however, that prior Demised Premises against Landlord based on delay of Landlord in delivering possession of the Demised Premises to said succeeding tenant to the expiration extent such delay is occasioned by the failure of Tenant to so quit and surrender said Premises, and (ii) rent for each month or other any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of the Lease, Lessee shallduring the time Tenant thus remains in possession. The provisions of this paragraph do not waive any of Landlord’s rights of reentry or any other right under the terms of this lease or the laws of Florida. If Tenant shall fail to surrender the Premises as herein provided, at Lessee’s sole cost no new tenancy shall be created and expense, Tenant shall be guilty of unlawful detainer. No surrender of this Lease or of the Premises shall be binding on Landlord unless Lessor shall otherwise agree acknowledged by Landlord in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If the Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other.

Appears in 1 contract

Sources: Industrial Lease Agreement (Pc Universe Inc)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, Lessee or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender the Demised Premises to the Lessor the Leased Premises LANDLORD in good order, condition, and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, except for ordinary wear and tear and such damage by fire and or destruction as LANDLORD is required to repair or restore under the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term terms of this Lease; (b) Remove the doors , and doorways TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the interior demising walls between event TENANT retains possession and does not so quit and Surrender the original units Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Leased Demised Premises and close against LANDLORD based on delay of LANDLORD in delivering possession of the openings Demised Premises to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect said succeeding tenant to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed extent such delay is occasioned by the Lessor. Any damage caused failure of TENANT to the Leased Premises by removal so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction a month of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done holding over at the expense of amount payable for the Lessee, and month immediately preceding the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If TENANT shall fail to surrender the Lessee Premises as herein provided, no new tenancy shall remain in possession be created and TENANT shall be guilty of all unlawful detainer. No surrender of this Lease or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of binding on the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable LANDLORD unless acknowledged by Lessee shall be one hundred twenty-five percent (125LANDLORD in writing. * 175%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Rexall Sundown Inc)

Surrender Holding Over. Upon the expiration or other earlier termination of this Lease, Lessee shall quit surrender the Premises in good condition and surrender to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, ordinary normal wear and tear excepted, and damage by fire in compliance with all of its maintenance obligations hereunder, and shall remove all of its Fixtures and Alterations pursuant to Section 8 herein. All Fixtures or other personal property of Lessee left in or about the elements excepted; provided, however, that prior to Premises upon the expiration or other termination of this Lease shall become the Lease, Lessee shall, at Lessee’s sole cost and expense, unless property of Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached heretoto be disposed of as Lessor deems expedient, and Lessee promptly reimburse Lessor for all costs incurred by Lessor in connection with any replacements thereof, such disposal. In the event Lessee remains in possession of the Premises or fails to remove its Fixtures and all additional interior walls constructed by Lessee during Alterations after the expiration of the term of this Lease; , or any extensions hereof without the written consent of Lessor, Lessee shall then be obligated to pay Rent at 150% of the then-current rate (bincluding all adjustments) Remove and all other sums then payable hereunder prorated on a daily basis for each day that Lessee so holds over. If the doors and doorways Premises are not surrendered at the end of the Term or sooner termination thereof in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the Southcondition required by this Lease, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of indemnify Lessor against all loss or liability resulting from delay by Lessee as directed by in so surrendering the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurredPremises. Lessee’s obligation to observe or perform obligations under this covenant Section 27 shall survive the expiration or other earlier termination of this Lease. If the Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (BioSig Technologies, Inc.)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, Lessee or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender the Demised Premises to the Lessor the Leased Premises LANDLORD in good order, condition, and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, except for ordinary wear and tear and such damage by fire and or destruction as LANDLORD is required to repair or restore under the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term terms of this Lease; (b) Remove the doors , and doorways TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the interior demising walls between event TENANT retains possession and does not so quit and Surrender the original units Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Leased Demised Premises and close against LANDLORD based on delay of LANDLORD in delivering possession of the openings Demised Premises to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect said succeeding tenant to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed extent such delay is occasioned by the Lessor. Any damage caused failure of TENANT to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration so quit and removal to be done at the expense of the Lesseesurrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at 175% the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive amount payable for the expiration or other month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If TENANT shall fail to surrender the Lessee Premises as herein provided, no new tenancy shall remain in possession be created and TENANT shall be guilty of all unlawful detainer. No surrender of this Lease or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of binding on the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable LANDLORD unless acknowledged by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherLANDLORD in writing.

Appears in 1 contract

Sources: Industrial Lease Agreement (Rexall Sundown Inc)

Surrender Holding Over. a) SURRENDER: The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or other earlier termination of this Lease, Lessee shall quit Tenant agrees to peaceably surrender the Premises to Landlord broom clean and surrender to the Lessor the Leased Premises in a state of first-class order, repair and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lesseecondition, ordinary wear and tear and casualty damage by fire (if this Lease terminated as a result thereof pursuant to Paragraph 20) excepted, with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. Prior to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by date Tenant is to actually surrender the Lessor. Any damage caused Premises to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee Landlord, Tenant agrees to the give Landlord reasonable satisfaction prior notice of the Lessorexact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove, as well as any repairs Tenant is to make upon surrender of the Premises. In the event Lessee fails The delivery of keys to restore the Leased Premises any employee of Landlord or to remove Landlord's agent or any property as herein required, the Lessor may cause such restoration and removal employee thereof alone will not be sufficient to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other constitute a termination of this Lease. If the Lessee shall remain in possession of all Lease or any part a surrender of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease TermPremises. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other.b)

Appears in 1 contract

Sources: Sublease (Thinka Weight Loss Corp)

Surrender Holding Over. Upon 16.01. Tenant shall on the expiration last day of the term hereof, or other upon any earlier termination of this Lease, Lessee shall quit or upon any re-entry by Landlord upon the Property pursuant to Article 17 hereof, surrender and surrender to deliver up the Lessor Property and all fixtures (other than Tenant's Personal Property) now or hereafter at the Leased Premises Property into the possession and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception use of Lessee’s trade fixtures) Landlord in substantially the same condition as the Leased Premises were received by Lesseereceived, ordinary reasonable wear and tear and damage by fire casualty and loss from condemnation excepted (to the elements exceptedextent the restoration from casualty or condemnation is not the responsibility of Tenant under this Lease), and free and clear of any liens created by Tenant or resulting from the acts or omissions of Tenant. In addition, on or before the termination of the term of this Lease, Tenant shall remove or cause to be removed all of its trade fixtures and equipment from the Property (whether leased or owned) and repair any damage caused by such removal. Tenant shall also remove any alterations required by Landlord to be removed by Tenant in accordance with Article 9. 16.02. If, for any reason, Tenant retains possession of the Property or any part thereof after the expiration or termination of this Lease, then such holding over shall create a tenancy at sufferance, in each case upon the terms and conditions set forth in this Lease; provided, however, that the Net Rent shall, in addition to all other sums which are to be paid by Tenant hereunder, be equal to 150% of the Net Rent being paid to Landlord under this Lease immediately prior to the such expiration or other termination (prorated on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served, then a tenancy at sufferance shall be deemed to be created at the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways rent set forth in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removedpreceding sentence. Lessee Tenant shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused pay to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay Landlord all reasonable costs, expenses and damages thereby incurredsustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent Tenant for any portion of the Property. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination The provisions of this Lease. If the Lessee Section 16.02 shall remain in possession not constitute a waiver by Landlord of all any right of re-entry as herein set forth; nor shall receipt of any rent or any part other act in apparent affirmance of the Leased Premises after the expiration tenancy operate as a waiver of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease except as otherwise expressly provided herein. The preceding provisions of this Section 16.02 shall not less than ninety (90) days prior be construed as consent for Tenant to retain possession of the Property in the absence of written notice to the otherconsent thereto by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Life Sciences Research Inc)

Surrender Holding Over. (a) Upon the expiration or other sooner termination of this Lease, Lessee Tenant shall quit peaceably and quietly leave, yield up and surrender to the Lessor the Leased Premises and Lessee’s rights with respect Equipment to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) Landlord in the same good condition as the Leased Premises were received by Lesseeand repair, ordinary wear and tear excepted, but clean, orderly and damage by fire and free of occupants. Tenant shall remove from the elements excepted; provided, however, that property prior to the such expiration or other sooner termination of the Leaseall property situated thereon which is not owned by Landlord, Lessee and Tenant shall, at Lessee’s its sole cost and expense, unless Lessor repair any damage caused by such removal. Property not so removed shall otherwise agree in writing:become the property of Landlord, which may thereafter cause such property to be removed from the Leased Premises and disposed of, but the cost of any such removal shall be borne by Tenant. (ab) Remove those interior walls shown in red on Exhibit C attached heretoIn the event of Tenant's holding over after the expiration or termination of this Lease, and any replacements thereofthe holdover shall be a tenancy at will, and all additional interior walls constructed of the terms and provisions of this Lease shall be applicable thereto, except that Tenant shall pay Landlord as rental for the period of such holdover an amount equal to one and one half the Rent which would have been payable by Lessee during Tenant had the holdover period been a continuation of the term of this Lease; (b) Remove the doors . Tenant agrees to vacate and doorways in the interior demising walls between the original units of deliver the Leased Premises and close Equipment to Landlord upon Tenant's receipt of written notice from Landlord to vacate. The rental payable during the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property holdover period shall be promptly repaired payable to Landlord on demand. No holding over by the Lessee Tenant, with or without consent of Landlord, shall operate to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property extend this Lease except as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If the Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherotherwise expressly provided.

Appears in 1 contract

Sources: Lease (Minnesota Brewing Co)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, Lessee or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender the Demised Premises to the Lessor the Leased Premises LANDLORD in good order, condition, and Lessee’s rights with respect to the Real Estaterepair, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lessee, except for ordinary wear and tear and such damage by fire and or destruction as LANDLORD is required to repair or restore under the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term terms of this Lease; (b) Remove the doors , and doorways TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the interior demising walls between event TENANT retains possession and does not so quit and Surrender the original units Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Leased Demised Premises and close against LANDLORD based on delay of LANDLORD in delivering possession of the openings Demised Premises to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect said succeeding tenant to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed extent such delay is occasioned by the Lessor. Any damage caused failure of TENANT to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration so quit and removal to be done at the expense of the Lesseesurrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive amount payable for the expiration or other month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If TENANT shall fail to surrender the Lessee Premises as herein provided, no new tenancy shall remain in possession be created and TENANT shall be guilty of all unlawful detainer. No surrender of this Lease or any part of the Leased Premises after the expiration of the Lease Term, then the Lessee shall be deemed Lessee of binding on the Leased Premises from month to month subject to all the terms and conditions hereof, except the monthly rent payable LANDLORD unless acknowledged by Lessee shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the otherLANDLORD in writing.

Appears in 1 contract

Sources: Lease Agreement (Jabil Circuit Inc)

Surrender Holding Over. This Lease shall terminate upon expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or other termination of this Lease, Lessee Tenant shall peacefully surrender, quit and surrender vacate the Premises and deliver the same to Landlord in good order, condition and repair, as the same shall be on the date of execution of this Lease or, at Landlord’s option, the date Tenant opens for business in the Premises, or the date any subsequent improvements to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of Lessee’s trade fixtures) in the same condition as the Leased Premises were received by Lesseeare completed, ordinary wear and tear and damage by fire and or other insured casualty for which Landlord has received the elements excepted; providedapplicable proceeds excepted . The Premises shall be delivered broom clean, however, that prior with all trash removed. Tenant shall also deliver to Landlord all keys to the expiration or other termination Premises and shall inform Land lord of the Leaseall combinations and codes on any locks, Lessee shallalarms, at Lessee’s sole cost safes and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways vaults in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the LessorPremises. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Section 24(b), Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent had the Lease Term continued through the period of such holding over by Tenant. If the Lessee shall remain in possession of all or any part of the Leased Premises No holding over by Tenant after the expiration of the Lease Term, then Term shall be construed to extend the Lessee term of this Lease. Tenant shall be deemed Lessee to be a tenant-at-sufferance during such holdover period. If, as a direct result of Tenant’s holding over in the Premises, Landlord suffers damages or incurs additional obligations to any third Party who has leased part or all of the Leased Premises from month to month subject to all the terms and conditions hereofPremises, except the monthly rent payable by Lessee Tenant shall be one hundred twenty-five percent (125%) of the monthly rent paid by Lessee for the last month of the Lease Term. Either Lessee or Lessor shall have the right to terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice indemnify Landlord to the otherextent of such damages or additional obligations, including without limitation Landlord’s attorneys’ fees.

Appears in 1 contract

Sources: Lease Agreement (Diversified Health & Fitness Inc)