Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 7 contracts

Samples: Master Lease Agreement (Capview Residential Income Fund VII, LP), Master Lease Agreement (Capview Residential Income Fund VII, LP), Master Lease Agreement (Capview Residential Income Fund VII, LP)

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Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Upon Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the expiration Premises or sooner termination of this Leaseelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, all Buildings in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, if Landlord requests such removal (if any, including all Equipment in or appurtenant theretobut not otherwise), improvements Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request, including, without limitation, if Landlord requests such removal and restoration (but not otherwise); however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Surrender of Premises. No act Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair (reasonable wear and tear, permitted Alterations, and damage by casualty or condemnation excepted), and will surrender all keys to the Premises to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will be deemed an acceptance by also inform Landlord of Master all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant’s surrender of delay in so surrendering the Premises, and no agreement to accept a surrender including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination last day of the Term is deemed abandoned. If Tenant fails to remove all of this Lease, Master Tenant will quit and surrender to Landlord Tenant’s property from the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner Premises upon termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein then Tenant shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant appointed Landlord as Tenant’s agent to remove, at Tenant’s sole cost and may be appropriatedexpense, soldall of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, storedall at the sole cost and risk of Tenant, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable for damage, theft, misappropriation or responsible for loss thereof or in any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltymanner in respect thereto.

Appears in 3 contracts

Samples: Lease Agreement (Datalink Corp), Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the PremisesExcept as provided in Article 14 herein, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon upon the expiration or other termination of the Term of this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including Demised Premises and every part thereof and all buildings, replacements, changesalterations, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Upon If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof, less reasonable wear and tear. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or sooner termination of this LeaseLease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, all Buildings (if anysuch effects, including all Equipment in or appurtenant thereto), improvements personalty and all changes, additions and alterations therein equipment shall be and remain on the Land and title deemed conclusively to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Master Tenant or any other party and without any obligation to account for them. Tenant shall pay Landlord on demand any and all reasonable expenses incurred by Landlord in the removal of such items. Landlord will not be liable or responsible for property, including, without limitation, the cost of repairing any loss of or damage to the Building or Project caused by the removal of such property and storage charges (if Landlord elects to store such property), less any personalty owned amounts actually received by Landlord in connection with the disposition of such property, which Landlord may dispose of in Landlord's sole and absolute discretion. The covenants and conditions of this Article 32 shall survive any expiration or held by or for Master Tenant which may be on the Premises when Landlord takes possession termination of it, nor will Landlord be required to account for any such personaltythis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this Lease, Master Tenant will shall peaceably quit and surrender to Landlord the PremisesPremises in neat and clean condition and in good order, including condition and repair, together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made or installed in, erected, added on or placed by Master Tenant thereon, with all Equipment in to the Premises before or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon during the expiration or sooner termination Term of this Lease, excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all Buildings of Tenant’s Removable Property and (if anyi) to the extent specified by Landlord pursuant to Paragraph 5.2, including all Equipment Improvements made by Tenant and (ii) with respect to improvements made by Tenant not requiring Landlord’s consent; and Tenant shall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation to remove Building Standard Office Improvements from the Premises. Any of Tenant’s Removable Property which shall remain in the Building or appurtenant thereto), improvements and all changes, additions and alterations therein on the Premises after the expiration or termination of the Term of this Lease shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant’s sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 2 contracts

Samples: Lease Agreement (TechTarget Inc), Lease Agreement (TechTarget Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this Lease, Master Tenant will shall promptly and peaceably quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions Premises in neat and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, clean condition and in good order, condition and repair, reasonable wear repair and tear excepted. Upon consistent with Tenant’s obligations under this Lease including the expiration or sooner termination Hazardous Materials surrender obligations of Section 5.5(e) of this Lease, together with all Buildings Alterations which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as otherwise expressly required pursuant to Section 5.3(e) above), excepting only ordinary wear and tear, and damage by fire or other casualty for which, under other provisions of this Lease Tenant has no responsibility to repair or restore, or as a consequence of the exercise of the power of eminent domain. Notwithstanding the foregoing, if anythis Lease has been terminated on account of a Casualty, including Tenant will not be obligated to perform the Tenant’s Restoration Work so long as Tenant has paid the insurance proceeds to Landlord in accordance with Section 11.2(e) above. Tenant shall remove all Equipment of Tenant’s Removable Property, all signs installed by or on behalf of Tenant in or appurtenant thereto)on the Premises and the Building, improvements all lines and all changes, additions other wiring and alterations therein cabling installed by Tenant prior to or during the Term. Tenant shall repair any damage to the Premises or the Building caused by such removal and restore the affected area to its condition prior to the installation thereof. Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant’s sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 2 contracts

Samples: Lease Between (Aura Biosciences, Inc.), Lease (Proteostasis Therapeutics, Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Tenant must deliver to Landlord the Premises with all Buildings improvements in good repair and condition, broom-clean, except for reasonable wear and tear (if anyand condemnation and Casualty damage not caused by Tenant, including all Equipment as to which Sections 12 and 13 above control). All alterations, additions, improvements, equipment, wiring and furniture made in or appurtenant thereto)upon the Premises (but excluding all of the Work contemplated under the Workletter and excluding any other alterations, improvements additions, etc. for which Landlord's consent is required under this Lease and which Landlord does not specifically require removal at the time of such consent) must, at Landlord's option upon notice to Tenant, either be removed by Tenant (and Tenant must repair all changes, additions and alterations therein shall be and damage caused by such removal) or remain on the Land and title Premises without compensation to all such property will vest in and belong Tenant. Tenant must also deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations under this Lease, Tenant may remove all unattached trade fixtures and without cost or charge personal property placed in the Premises by Tenant. Tenant is obligated to Landlordrepair all damage caused by such removal. All of Master Tenant’s items not so removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord The provisions of this Section 18 will not be liable or responsible for any loss survive the end of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)

Surrender of Premises. No act by Landlord will shall be deemed an --------------------- acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and without cost or charge to Landlordpersonal property placed in the Premises by Tenant, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 2 contracts

Samples: Lease Agreement (Wells Real Estate Fund Xii Lp), Lease Agreement (Wells Real Estate Fund Xii Lp)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in the condition required by Section 8(b) of this Lease, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all trade fixtures, equipment, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant and all alterations, additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Premises at the earlier expiration or termination of the Term of this Lease, Master and may remove all fixtures, alterations, additions, improvements and wiring which, when approved by Landlord were permitted to be removed by Tenant will quit and surrender to Landlord from the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon Premises at the expiration or sooner earlier termination of the Term of this Lease, . Tenant shall repair all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall, at Landlord's option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will ; any such disposition shall not be liable or responsible for any loss considered a strict foreclosure. The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 2 contracts

Samples: Lease Agreement (Evergreen Solar Inc), Lease Agreement (Evergreen Solar Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender At the expiration of the Premisestenancy hereby created, and no agreement to accept a Tenant shall surrender of the Premises will be valid, unless leased premises in the same is made condition as the leased premises were in writing and signed by Landlord. Upon the expiration or other termination upon delivery of the Term of possession thereto under this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant theretolease, in good condition and repairaddition to any alterations or additions which Landlord elects to keep pursuant to Paragraph 10, reasonable wear and tear excepted, and shall surrender all keys for the leased premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the leased premises. Upon No act or conduct of Landlord, except a written acknowledgement of acceptance of surrender signed by Landlord, shall be deemed to be or constitute an acceptance of the surrender of the leased premises by Tenant prior to the expiration of the term of this lease. If prior to the termination of this lease, or within 15 days thereafter, Landlord elects, by written notice to Tenant, Tenant shall promptly remove the additions, improvements, fixtures, trade fixtures and installations which were placed in the leased premises by Tenant and which are designated in said notice, and shall repair any damage occasioned by such removal; and in default thereof Landlord may effect said removals and repairs at Tenant’s expense. The covenants of Tenant contained herein shall survive the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltylease term.

Appears in 2 contracts

Samples: Lease (Liquidity Services Inc), Lease (Liquidity Services Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other earlier termination of the Term of this Lease, Master Tenant will quit shall deliver to Landlord all keys to the Premises, and surrender Tenant shall deliver to Landlord the PremisesPremises in the same condition as existed on the date Tenant originally took possession thereof, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable ordinary wear and tear excepted. Upon In addition, prior to the expiration of the Term or any sooner termination thereof, (a) Tenant shall remove such Alterations as Landlord shall request (even if installed with Landlord's consent) and shall restore the portion of this Leasethe Premises affected by such Alterations and such removal to its condition existing immediately prior to the making of such Alterations, (b) Tenant shall remove from the Premises all Buildings (if anyunattached trade fixtures, including all Equipment furniture, equipment and personal property located in or appurtenant thereto)the Premises, improvements including, without limitation, phone equipment, wiring, cabling and all changesgarbage, additions waste and alterations therein debris, and (c) Tenant shall be repair all damage to the Premises or the Project caused by any such removal including, without limitation, full restoration of all holes and remain on the Land gaps resulting from any such removal and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordrepainting required thereby. All personal property and fixtures of Master Tenant’s items Tenant not so removed will shall, to the extent permitted under applicable Regulations, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 2 contracts

Samples: Lease Agreement (Qorus Com Inc), Lease Agreement (Manchester Technologies Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other earlier termination of the Term of this Lease, Master Tenant will quit and surrender shall: (i) deliver the Premises to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, free of Hazardous Materials placed on the Premises by Tenant or a Tenant Party during the Term, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted. Upon ; (ii) remove any Alterations installed in the expiration or sooner termination Premises in accordance with the provisions of this LeaseSection 8(a) above; (iii) remove all unattached trade fixtures, all Buildings furniture and personal property placed in the Premises by Tenant; and (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong iv) deliver to Landlord without further action all keys (including electronic card keys) to the Premises and the Building. Tenant, at Tenant’s sole expense, shall remove all wiring and cabling installed by or on behalf of Tenant to the part main point of either party hereto and without cost or charge to Landlordentry. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLease.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and without cost or charge to Landlordpersonal property placed in the Premises by Tenant, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 20 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 2 contracts

Samples: Lease Agreement (First State Financial Corp/Fl), Lease Agreement (Multi Link Telecommunications Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of the Term and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this LeaseLease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove from the Premises its interior and exterior signs and all Buildings of its movable trade fixtures and equipment, and other items Tenant has installed or placed on the Premises which have not become the property of Lessor (if any, including all Equipment in or appurtenant theretoof which are hereinafter referred to as "Tenant's Property"), improvements shall cap all plumbing outlets exposed as a result of the removal of Tenant’s property, and all changes, additions and alterations therein shall be and remain thereupon surrender the premises in the same condition as existed on the Land Commencement Date, reasonable wear and title tear, damage by unavoidable casualty, and items expressly allowed by Lessor (including removal of interior walls), excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall nevertheless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Lessor. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Lessor may, but is not obligated to, at Tenant's expense, remove all such property will vest in and belong to Landlord without further action on the or part of either party hereto Tenant's Property not so removed and without cost repair all damage to the Premises resulting from such removal and may, but is not obligated to, at Tenant's expense store the same in any public or charge private warehouse, and Lessor shall have no liability to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned Tenant's Property or held floor coverings caused by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any resulting from such personaltyremoval or otherwise.

Appears in 2 contracts

Samples: Premises Lease Agreement, Premises Lease Agreement

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of this Lease or Tenant’s right to possess the Term of this LeasePremises for any reason, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, free of Hazardous Materials placed on the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted. Upon , in accordance with the expiration or sooner termination of this Leaseremoval obligations, all Buildings (if any, including all Equipment described in or appurtenant thereto), improvements Section 10.2 and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all of Tenant’s Property placed in the Premises or elsewhere in the Project by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal). Tenant shall, at Tenant’s sole cost and without cost or charge to Landlordexpense, repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, storedstored (at Tenant’s sole cost and expense), destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21.2 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 2 contracts

Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Surrender of Premises. No act by (a) Upon the expiration of the Term, or earlier termination, Tenant shall quietly surrender to Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, including, without limitation, all Alterations. The Premises and no agreement all said Alterations shall be surrendered to accept a surrender of the Premises will be validLandlord by Tenant without any damage, unless the same is made in writing and signed injury or disturbance thereto, or payment therefor by Landlord. Upon Tenant may remove from the Premises Tenant's property (including any leasehold improvements owned by Tenant) as Tenant elects, at Tenant's expense; provided, however, Tenant shall be obligated to remove the following items of Tenant's property: Tenant's trade fixtures, equipment, furniture, inventory, merchandise and other items of moveable personal property. Tenant shall repair any damage caused by such removal and shall restore the area to its condition immediately before installation (reasonable wear and tear excepted). Tenant, at its sole expense, shall remove signage installed by Tenant after the Commencement Date from the Premises and shall repair any damage to the Premises caused by such removal and restore the affected areas to their prior condition. Tenant shall surrender the Premises in a neat and clean condition, free of waste and debris, subject to ordinary wear and tear. Tenant's obligation to observe and perform these covenants shall survive the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 2 contracts

Samples: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other earlier termination of the Term of this Lease, Master Tenant will quit shall deliver to Landlord all keys to the Premises, and surrender Tenant shall deliver to Landlord the PremisesPremises in the same condition as existed on the date Tenant took possession under any lease or with any landlord thereof, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable ordinary wear and tear excepted. Upon In addition, prior to the expiration of the Term or any sooner termination thereof, (a) Tenant shall remove such Alterations as Landlord shall request (even if installed with Landlord’s consent) and shall restore the portion of this Leasethe Premises affected by such Alterations and such removal to its condition existing immediately prior to the making of such Alterations, (b) Tenant shall remove from the Premises all Buildings (if anyunattached trade fixtures, including all Equipment furniture, equipment and personal property located in or appurtenant thereto)the Premises, improvements including, without limitation, phone equipment, wiring, cabling and all changesgarbage, additions waste and alterations therein debris, and (c) Tenant shall be repair all damage to the Premises or the Project caused by any such removal including, without limitation, full restoration of all holes and remain on the Land gaps resulting from any such removal and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordrepainting required thereby. All personal property and fixtures of Master Tenant’s items Tenant not so removed will shall, to the extent permitted under applicable Regulations, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 2 contracts

Samples: Lease Agreement (Healthy Extracts Inc.), Lease Agreement (Healthy Extracts Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of --------------------- this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including Demised Premises and every part thereof and all buildings, replacements, changesalterations, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Upon If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or sooner termination of this LeaseLease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, all Buildings (if anysuch effects, including all Equipment in or appurtenant thereto), improvements personalty and all changes, additions and alterations therein equipment shall be and remain on the Land and title deemed conclusively to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Master Tenant or any other party and without any obligation to account for them. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such items. Landlord will not be liable or responsible for property, including, without limitation, the cost of repairing any loss of or damage to the Building or Project caused by the removal of such property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 32 shall survive any personalty owned expiration or held by or for Master Tenant which may be on the Premises when Landlord takes possession termination of it, nor will Landlord be required to account for any such personaltythis Lease.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Associates Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this Lease, Master Tenant will shall promptly and peaceably quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions Premises in neat and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, clean condition and in good order, condition and repair, reasonable together with all Alterations which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as otherwise required by Landlord pursuant to Section 5.2(e) above), excepting only ordinary wear and tear excepted. Upon the expiration use and damage by fire or sooner termination other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall remove all Buildings (if anyof Tenant’s Removable Property, including all Equipment signs installed by or on behalf of Tenant in or appurtenant thereto)on the Premises and the Building, improvements all lines and all changes, additions other wiring and alterations therein cabling installed by Tenant prior to or during the Term. Tenant shall repair any damage to the Premises or the Building caused by such removal and restore the affected area to its condition prior to the installation thereof Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant’s sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 1 contract

Samples: Lease (Arsanis, Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord On the last day of Master Tenant’s the Sublease Term or upon sooner termination of this Sublease, Sublease shall, to the reasonable satisfaction of Sublessor, surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made in, erectedto, added or placed on the Premises by Master Tenant thereonLessor, with all Equipment in Sublessor or appurtenant thereto, (to the extent permitted by this Sublease) Sublessee to Sublessor in good condition and repair, (reasonable wear and tear excepted) with all walls and columns painted, all carpets steam cleaned, the air conditioning, ventilating and heating equipment inspected, serviced and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all damaged ceiling tiles replaced, the windows cleaned, the blinds cleaned and any damaged doors replaced. Upon Sublessee shall remove all of Sublessee's personal property and trade fixtures from the expiration or sooner Premises, and all property not so removed shall be deemed abandoned by Sublessee. Furthermore, Sublessee shall immediately repair all damage to the Premises caused by any such removal. If the Premises are not so surrendered at termination of this LeaseSublease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein Sublessee shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for indemnify Sublessor against any loss of or damage liability resulting from delay by Sublessee in so surrendering the Premises, including, without limitation, any claims made by Lessor due to any personalty owned or held by or for Master Tenant which may be on failure to surrender the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyin accordance with the Lease.

Appears in 1 contract

Samples: Lease (McAfee Associates Inc)

Surrender of Premises. On or before the last day of the Term, Tenant shall deliver the Premises to Landlord in good repair and condition, reasonable wear and tear and condemnation and casualty damage excepted, and shall deliver to Landlord all keys to the Premises. If requested by Landlord, and to the extent requested by Landlord, Tenant will remove (at Tenant’s cost) wiring and cabling located within the Premises. Provided that no Event of Default has occurred, Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises by Tenant, provided that items that are attached or affixed in any way to the Premises or Building will not be removed without Landlord’s prior written consent (and to the extent such consent is given, all damage to the Building or Premises caused by such removal will be repaired at Tenant’s cost), and (c) items that were paid for, in whole or in part, by the Landlord (including all fixtures and other improvements included in the Work) will not be removed without Landlord’s prior written consent. All items not so removed within shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be stored, sold, destroyed or otherwise disposed of by Landlord after any notices required by Oklahoma law are given. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon The provisions of this Section 1.7 shall survive the expiration or other termination end of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Office Lease (Englobal Corp)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master subject to Landlord’s obligation to maintain the Building, Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear (and condemnation and fire or other casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys and/or access cards to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and without cost or charge to Landlordpersonal property placed in the Premises by Tenant. Additionally, Tenant may remove such additional items as Landlord may have agreed. Tenant shall repair all damage caused by removal of any items. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss Tenant upon surrender of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord shall be required to account remove any above-ceiling telecommunication wiring installed for any such personaltyTenant’s use in the Premises at Tenant’s expense. The provisions of this Section 19 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (ReachLocal Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear (and condemnation and fire or other casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Upon Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures and all unattached furniture and personal property placed in the expiration Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or sooner termination of this Leasein part, all Buildings (if any, including all Equipment in or appurtenant theretoby Landlord), improvements and shall remove such alterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has designated in advance pursuant to Section 8(a) hereof. Tenant shall repair all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Office Building Lease Agreement (Idx Systems Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s The voluntary or other surrender of this Lease by the PremisesTenant, or a mutual cancellation thereof, shall not automatically work a merger of the Landlord's and no agreement to accept Tenant's estates. At the option of the Landlord such a surrender shall terminate all or any existing subleases or subtenancies, or may, at the option of the Premises will be validLandlord, unless the same is made in writing and signed by Landlordoperate as an assignment to it of any or all such subleases or subtenancies. Upon the expiration or other termination of the Term Term, by lapse of time or otherwise, the Tenant shall surrender the Premises in the same condition as they have been received, excepting only reasonable use and wear and tear and damage by act of God or by the elements. If the Tenant is requested in writing by the Landlord to remove any personal property from the Building upon the termination of the Lease and shall have failed to remove same, the Landlord may at its option remove Tenant's personal property in the manner the Landlord may choose and store said personal property without liability to the Landlord for the loss thereof. Tenant shall pay the Landlord on demand any and all expenses incurred in such removal and storage, including court costs and attorney's fees. The Landlord may, in its sole discretion, without notice, sell the personal property or any part thereof at private sale and without legal process for such price as the Landlord may obtain. Landlord shall apply the proceeds of the sale first upon the expense incident to the removal and sale of the personal property, apply the balance to any amounts due from the Tenant to the Landlord pursuant to this Lease, Master Tenant will quit and surrender to Landlord hold any additional balance, without interest, for the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon benefit of the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 1 contract

Samples: Agreement of Lease (International Assets Holding Corp)

Surrender of Premises. No act by Whenever under the terms hereof Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender is entitled to possession of the Premises, Tenant at once shall surrender the Premises and no agreement the keys thereto to accept a surrender Landlord in the same condition as on the Commencement Date hereof, casualty damage and natural wear and tear only one excepted, and Tenant shall remove all of its personal property therefrom and shall, if directed to do so by Landlord, remove all improvements which have been made therein by or on behalf of Tenant, including any improvements made prior to the Commencement Date; provided, however, that Tenant shall not be permitted to remove any movable furniture, personal property or equipment from the Premises at any time, including at the end of the term or any renewal thereof, or other sooner termination of this Lease, if Tenant is then in material default under this Lease. All such property not promptly removed by Tenant shall be deemed abandoned by Tenant and title to same shall pass to Landlord under this Lease as by a bill xx sale. Whenever under the terms hereof, Landlord is entitled to possession of the Premises, Landlord may forthwith reenter the Premises will and repossess itself thereof and remove all persons and effects therefrom, using such force as may be validnecessary without being guilty of forcible entry, unless the same is made in writing and signed by Landlorddetainer, trespass or other tort. Upon Tenant's obligation to observe or perform these covenants shall survive the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord . If the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon last day of the expiration or sooner termination Term of this LeaseLease or any renewal falls on Sunday or a legal holiday, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein this Lease shall be and remain expire on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltybusiness day immediately preceding.

Appears in 1 contract

Samples: Lease Agreement (Southeast Commerce Holding Co)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s Tenant covenants and agrees to deliver up and surrender possession of the Leased Premises, not including Tenant's machinery and no agreement equipment hereunder (other than [those] that Landlord has demanded Tenant to accept a surrender remove in accordance with paragraph VI) to the Landlord forthwith upon expiration of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term term of this Lease, Master Tenant will quit or upon its earlier termination as herein provided, broom clean and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear exceptedexcepted (except for destruction to the Leased Premises covered by paragraph XI where Tenant elects to terminate). Upon Tenant hereby agrees that if it fails to surrender the Leased Premises at the end of the Term, or any renewal thereof, Tenant will be liable to Landlord for any and all damages including consequential damages which Landlord shall suffer by reason thereof. In addition, Tenant shall pay to Landlord, during any period that it shall refuse to surrender possession of the Leased Premises to Landlord a rental equal to one hundred fifteen percent (115%) of the base rent payable by Tenant to Landlord during the last rental year of the term. This Section shall survive expiration of the Lease. Any personal property left in, on or about the Leased Premises after the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed Lease will be deemed conclusively to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without upon ten (10) days notice to Master Tenant or any other person and without any obligation to account for them; and Tenant will pay Landlord for all expenses incurred in connection with such items. Landlord will property, including, but not be liable or responsible for limited to, the cost of repairing any loss of or damage to any personalty owned or held the Leased Premises caused by or for Master Tenant which may be on the Premises when Landlord takes possession removal of it, nor will Landlord be required to account for any such personaltyproperty.

Appears in 1 contract

Samples: Lithia Motors Inc

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Lessee shall yield immediate and peaceable possession of the Leased Premises to the Company and shall, at such time, return the keys to all Buildings locks; said Leased Premises to be surrendered to the Company in as good condition as when received, except for reasonable wear and tear and damage or destruction not caused by Lessee or Lessee's employees', agents', or contractors' negligent or willful acts or omissions. Upon the termination or nonrenewal of this Lease, (if anyunless state law provides to the contrary) neither the Company nor any incoming Lessee shall be obligated to purchase any of Lessee's inventory, including all Equipment tools, equipment, or supplies; provided, however, that the Company, at its option, may purchase any of such inventory, tools, equipment, or supplies which are not obsolete and are in a current and saleable condition which Lessee purchased from the Company, for the reasonable value thereof, but not to exceed the cost to Lessee, and credit the amount thereof against any sums due the Company by Lessee. With respect to property items owned by Lessee and not purchased by the Company, and improvements, alterations, decorations, or appurtenant thereto)additions', improvements structural or otherwise, made by Lessee, Lessee agrees to remove same immediately from the Leased Premises prior to the end of the Lease and repair any and all changes, additions damage to the Leased Premises caused or occasioned by such removal. Any property not removed by Lessee may be removed and alterations therein shall be and remain on the Land and title to all such Leased Premises restored by the Company at Lessee's expense. Any property will vest in and belong to Landlord without further action on the part of not removed by either party hereto shall become the property of the Company and without cost or charge to Landlord. All of Master Tenant’s items not removed no compensation will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydue Lessee therefore.

Appears in 1 contract

Samples: Lease Agreement (Ta Operating Corp)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Tenant shall deliver to Landlord the Premises with all Buildings (if anyimprovements located therein in good repair and condition, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain free of Hazardous Materials placed on the Land Premises during the Term, broom-clean, wear and title to all such property will vest in tear (and belong condemnation and casualty damage) excepted, and shall deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all of Tenant’s Property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or by any of Landlord’s prior tenants [except Tenant herein]). Tenant shall, at Tenant’s sole cost and without cost or charge to Landlordexpense, repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21.2 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Office Lease (Sailpoint Technologies Holdings, Inc.)

Surrender of Premises. No act (a) Upon Expiration, termination or Default of the Lease, in which Tenant's right to possession is terminated, Tenant shall surrender and vacate the Premises immediately and deliver vacant possession to Landlord in a clean, good, and tenantable condition, except for reasonable use and ordinary wear and tear. Charges incurred by Landlord will for removal of material and debris left in Premises shall be deemed an acceptance at the expense of Tenant. No personal property shall be removed from the Premises unless Tenant has fulfilled all Lease obligations. If there are no amounts owed by Landlord of Master Tenant’s surrender , any movable trade fixtures, and personal property shall be removed by Tenant. All telephone, communication and data lines, cables, electrical equipment, HVAC or other upgrades owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Premises, and no agreement to accept a surrender of the Premises will Building shall not be valid, removed by Tenant unless the same is made in writing and signed otherwise required by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord vacating the Premises, including Tenant agrees at Landlord's option to leave all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordwiring properly identified. All of Master Tenant’s items authorized to be removed but subsequently not removed will shall, at Landlord's option, be deemed presumed to have been abandoned by Master Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant's expense. If any improvements have been made by Tenant, with or without Landlord's approval, Tenant will, at its expense, and may be appropriatedupon request of Landlord, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on restore the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltytheir original condition.

Appears in 1 contract

Samples: Lease Agreement (Vpgi Corp)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, free of Hazardous Materials placed on the Premises by any Tenant Party (other than small quantities used for ordinary general office purposes in compliance with applicable Laws), broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted. Upon Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the expiration Premises or sooner termination of this Leaseelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord). Tenant shall not be required to remove any wiring or cabling. Tenant shall repair all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLease.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and without cost or charge to Landlordpersonal property placed in the Premises by Tenant and any telephone switch, alarm system, exhaust system and racking system installed by Tenant at its cost, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 20 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Lease Agreement (Nur Macroprinters LTD)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear and condemnation and fire or other casualty (as to which the provisions of Section 11 shall govern) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Xxxxxx (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request; provided that Tenant shall not be required to remove the alterations, additions, trade fixtures and equipment installed as part of either party hereto the Work or any subsequent alterations, additions, trade fixtures or equipment installed in accordance with this Lease unless otherwise specified by Xxxxxxxx in writing prior to the construction or installation thereof; and without cost or charge to Landlordprovided further that Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Basic Lease (Inet Technologies Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the PremisesUpon expiration, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration termination or other termination of the Term default of this Lease, Master Tenant will quit shall surrender and surrender vacate the Premises immediately and deliver possession to Landlord in a clean, good, and tentable condition, except for (a) damage beyond the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, control of Tenant; (b) reasonable use; (c) ordinary wear and tear exceptedtear. Upon Charges incurred by Landlord for removal of boxes and debris left in Premises which exceed normal janitorial costs shall be at the expiration or sooner termination expense of this LeaseTenant. No personal property shall be removed from the Premises unless Tenant has fulfilled all Lease obligations. If there are no amounts owed by Tenant, all Buildings (if anyany movable trade fixtures, including all Equipment in or appurtenant thereto), improvements personal property and all changestelephone, additions communication and alterations therein data lines and cables owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Building shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoved by Tenant. All of Master Tenant’s items authorized to be removed but subsequently not removed will shall, at Landlord’s option, be deemed presumed to have been abandoned by Master Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant’s expense. If any improvements are made by Tenant, with or without Landlord’s approval, Tenant will, at its expense and may be appropriatedupon request by Landlord, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on restore the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltytheir original condition.

Appears in 1 contract

Samples: Agreement (First Advantage Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender (a) At the end of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration term or any renewal thereof or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, the Tenant will peaceably deliver up to the Landlord possession of the Premises, together with all Buildings (if anyimprovements or additions upon or belonging to the same, by whomsoever made, in the same condition as received, or first installed, ordinary wear and tear, damage by fire, earthquake, act of God, or the elements alone excepted. Tenant may, upon the termination of this Lease, remove all moveable personal property, including all Equipment in or appurtenant thereto)but not limited to trade fixtures, improvements furniture and all changesequipment, additions and alterations therein belonging to Tenant, at Tenant’s sole cost, title to which shall be and remain on in the Land name of Tenant upon such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge same shall thereupon pass to Landlord. All of Master Upon request by Landlord, unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant’s items not removed will be deemed sole cost, any or all permanent improvements or additions to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held the Premises installed by or for Master at the expense of Tenant, excluding the original Leasehold Improvements at the Commencement Date of the Lease, and all moveable furniture and equipment belonging to Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for left by Tenant and repair any damage resulting from such personaltyremoval.

Appears in 1 contract

Samples: Office Lease Agreement (Intellon Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord At the expiration or earlier termination of Master this Lease or Tenant’s surrender 's right of possession hereunder, Tenant shall remove all Tenant's Property from the Premises, remove all Required Removables designated by Landlord for removal in accordance with the terms of Article VIII hereof and no agreement quit and surrender the Premises to accept a surrender Landlord, broom clean, and in the same, condition as the Premises was in at the time of completion of the Premises will be valid, unless the same is Initial Alterations and any further subsequent alterations made in writing and signed by Landlord. Upon accordance with the expiration or other termination of the Term terms of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable ordinary wear and tear and damage due to fire or other casualty excepted. Upon If Tenant fails to remove any of Tenant's Property within one (1) day after the expiration or sooner termination of this LeaseLease or Tenant's right to possession hereunder, all Buildings (if anyLandlord, including all Equipment at Tenant's sole cost and expense, shall be entitled to remove and/or store such Tenant's Property and Landlord shall in no event be responsible for the value, preservation or appurtenant thereto)safekeeping thereof. Tenant shall pay Landlord, improvements upon demand, any and all changes, additions reasonable expenses caused by such removal and alterations therein all storage charges against such property so long as the same shall be and remain on in the Land and title possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant's Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all such property will vest in and belong to Landlord without further action on the or any part of either party hereto and without cost or charge to Landlord. All of Master such Tenant’s items not removed will be deemed 's Property to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice title thereof shall immediately pass to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Trenwick Group Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment improvements located therein in or appurtenant theretothe condition required to be maintained under this Lease, in good condition and repairfree of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part of either party hereto Premises. Tenant shall remove all unattached trade fixtures, furniture, and without cost personal property placed in the Premises or charge to Landlordelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLease.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord Upon the expiration or termination of Master this Lease or termination of Tenant’s surrender 's right of possession of the Premises, Tenant shall surrender and no agreement vacate the Premises immediately and deliver possession thereof to accept Landlord in a surrender clean, good and tenantable condition, ordinary wear and tear, condemnation, fire or other casualty and repairs which are Landlord's obligation hereunder excepted. Upon any termination, Tenant shall be entitled to remove from the Premises all movable trade fixtures and personal property of Tenant (including, but not limited to, wall and floor mounted cabinets, computer and telecommunications equipment, generator, antennae batteries and other trade fixtures) without credit or compensation from Landlord, provided Tenant immediately shall repair all damage resulting from such removal and shall restore the Premises to a tenantable condition. In the event possession of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender not immediately delivered to Landlord or if Tenant shall fail to remove any movable trade fixtures or personal property which Tenant is entitled to remove, Landlord may remove same without any liability to Tenant. Any movable trade fixtures and personal property which may be removed from the PremisesPremises by Tenant, including all buildingsbut which are not so removed, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively presumed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by title to such property shall pass to Landlord without notice any payment or credit, and Landlord may, at its option and at Tenant's expense, store and/or dispose of such property. Upon Tenant's written request, Landlord agrees to Master subordinate any statutory landlord lien rights it may have against the equipment or trade fixtures of Tenant located in the Building, to the rights of any existing or future lender of Tenant, provided such subordination agreement is in form and without any obligation substance reasonably acceptable to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLandlord.

Appears in 1 contract

Samples: Acceptance Agreement (Universal Access Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other earlier termination of the Term of this Lease, Master Tenant will quit and surrender shall: (i) deliver the Premises to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, free of Hazardous Materials placed on the Premises by Tenant or a Tenant Party during the Term, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted. Upon ; (ii) remove any Alterations installed in the expiration or sooner termination Premises in accordance with the provisions of this LeaseSection 8(a) above; (iii) remove all unattached trade fixtures, all Buildings furniture and personal property placed in the Premises by Xxxxxx; and (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong iv) deliver to Landlord without further action all keys (including electronic card keys) to the Premises and the Building. Tenant, at Tenant’s sole expense, shall remove all wiring and cabling installed by or on behalf of Tenant to the part main point of either party hereto and without cost or charge to Landlordentry. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyLease.

Appears in 1 contract

Samples: Office Lease Agreement (Spruce Biosciences, Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner earlier termination of this Lease, Tenant will deliver all Buildings (if anykeys to Landlord and promptly quit and surrender the Premises broom clean, in good order and repair, ordinary wear and tear excepted, and further excepting damage by casualty or condemnation except damage by casualty shall be excepted only to the extent of Landlord’s obligation to repair or restore damage by casualty under this Lease. Tenant, at its sole expense, shall remove such Alterations as Landlord has requested in accordance with Article 15, and all of its computer, data, telephone and security equipment including all Equipment computer, data, telephone and security wiring and cables in the plenum and the walls. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture or appurtenant thereto)Alterations. All trade fixtures, improvements equipment, furniture, effects and all changes, additions and alterations therein shall be and remain Alterations remaining on the Land and title to all such property will vest in and belong to Landlord without further action on Premises after the part expiration or termination of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed this Lease will be deemed conclusively to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord in a commercially reasonable manner without notice Notice to Master Tenant or any other person and without any obligation to account for such itemsthem. Landlord will not be liable or responsible for any loss Notwithstanding the foregoing provisions of or damage this Article if Tenant has failed to any personalty owned or held by or for Master Tenant which may be on surrender the Premises when in the condition required hereunder, Landlord takes possession at its option may perform all or a portion of itremovals and repairs required of Tenant hereunder, nor for Tenant’s account, and Tenant will reimburse Landlord be required to account for any the costs of doing so (including fifteen (15%) percent for Landlord’s overhead and profit) within ten (10) days after receipt of a statement of such personaltycost.

Appears in 1 contract

Samples: Office Lease (Fitbit Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located therein in good condition repair and repaircondition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 16 and 17 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all trade fixtures, furniture, and without cost personal property placed in the Premises by Tenant. Tenant shall not be required to remove any of the initial Tenant Improvements made to the Premises during the tem of the Sublease with ConAgra, Inc. nor any other improvement or charge alteration unless Landlord specifically requires such removal at lease termination at the time Landlord grants its consent to Landlordsuch improvement or alteration. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 22 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Lease Amendment Agreement (Paypal Inc)

Surrender of Premises. No act by Landlord Tenant will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon to Landlord at the expiration or other earlier termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, Lease in good order, condition and repair, reasonable wear and tear tear, Casualty (subject to Landlord's rights with respect to Tenant Damage) and Taking excepted, and will surrender all keys to the Premises to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Upon the expiration or sooner termination Tenant will also inform Landlord of this Leaseall combinations on locks, all Buildings (safes and vaults, if any, including all Equipment in the Premises or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires and title so notified Tenant at the time they were approved, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any material damage to the Premises or the Property caused by such removal. Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this section, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Landlord may remove all such abandoned property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on from the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.and cause its transportation and storage in a

Appears in 1 contract

Samples: Warehouse Lease Agreement (Advanced Digital Information Corp)

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Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Tenant must deliver to Landlord the Premises with all Buildings improvements in good repair and condition, broom-clean, except for reasonable wear and tear (if anyand condemnation and Casualty damage not caused by Tenant, including all Equipment as to which Sections 12 and 13 above control). All alterations, additions, improvements, equipment, wiring and furniture made in or appurtenant thereto)upon the Premises must, improvements at Landlord's option upon notice to Tenant, either be removed by Tenant (and Tenant must repair all changes, additions and alterations therein shall be and damage caused by such removal) or remain on the Land and title Premises without compensation to all such property will vest in and belong Tenant. Tenant must also deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations under this Lease, Tenant may remove all unattached trade fixtures and without cost or charge personal property placed in the Premises by Tenant. Tenant is obligated to Landlordrepair all damage caused by such removal. All of Master Tenant’s items not so removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord The provisions of this Section 18 will not be liable or responsible for any loss survive the end of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Lease Agreement (Hotjobs Com LTD)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this Lease, Master Tenant will shall peaceably quit and surrender to Landlord the PremisesPremises in neat and clean condition and in good order, including condition and repair, together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made or installed in, erected, added on or placed by Master Tenant thereon, with all Equipment in to the Premises prior to or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon during the expiration or sooner termination Term of this Lease, excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility of repair and restoration. Tenant shall remove all Buildings of Tenant’s Removable Property (including, without limitation, Tenant’s Back Up Generator Equipment and Tenant’s Rooftop Communications Equipment and the Supplemental HVAC System, except that if anythis Lease is terminated due to a Default of Tenant, including all Equipment Landlord shall have the right, if it so elects, to retain the Supplemental HVAC System in or appurtenant thereto), improvements which event title thereto shall automatically vest in Landlord and Tenant shall not remove the same) and all changes, alterations and additions made by Tenant and alterations therein all partitions wholly within the Premises; and shall repair any damage to the Premises or the Building and/or Property caused by such removal. Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as, Landlord without notice to Master Tenant may see fit, at Tenant’s sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 1 contract

Samples: Sublease (Salary. Com, Inc.)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear (and condemnation and fire or other casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and without cost personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or charge to in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All of Master Tenant’s items not so removed will sha ll be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21 shall survive the termination or responsible for any loss expiration of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.this Lease. ​

Appears in 1 contract

Samples: Lease Agreement (ClearSign Technologies Corp)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear (and condemnation and fire or other casualty damage, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Upon Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the expiration Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or sooner termination of this Leasein part, all Buildings (if any, including all Equipment in or appurtenant theretoby Landlord), improvements and shall remove such alterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord may request. Tenant shall repair all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term. 22.

Appears in 1 contract

Samples: Office Lease Agreement (ReoStar Energy CORP)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this Lease, Master Tenant will shall peaceably quit and surrender to Landlord the PremisesPremises in neat and clean condition and in good order, including condition and repair, together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made or installed in, erectedon or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), added excepting only ordinary wear and use, damage by fire or placed other casualty, and taking by Master eminent domain. Tenant thereonshall remove all of Tenant's Removable Property and, with all Equipment in or appurtenant to the extent specified by Landlord at the time of Landlord's consent thereto, all alterations, installations and additions made by Tenant (excluding Tenant's Work, other than the Tank) and all partitions wholly within the Premises unless installed initially by Landlord in good condition preparing the Premises for Tenant's occupancy; and repairshall repair any damages to the Premises, reasonable wear and tear exceptedthe Building, or the Property caused by such removal, subject to Section 10.4 above. Upon Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or sooner termination of the Term of this Lease, all Buildings Lease (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein vacancy thereof by Tenant) shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant's sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 1 contract

Samples: Lease (Repligen Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender On the last day of the Premises, and no agreement to accept a surrender of Lease Term or upon the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings Tenant shall, to the reasonable satisfaction of Landlord, surrender the Premises to Landlord in good order, condition and repair and otherwise in the condition that Tenant is required to maintain the same pursuant to the express terms of this Lease, ordinary wear and tear, acts of God, casualty damage (if any, including all Equipment in or appurtenant theretosubject to the second sentence of Paragraph 15.3 above), improvements condemnation, Specialty Alterations and other Alterations with respect to which Landlord has not reserved the right to require removal and Landlord’s maintenance, repair, replacement and restoration obligations excepted. Tenant shall remove, or cause to be removed, all of Tenant’s personal property, furniture, furnishings and trade fixtures from the Premises, including, without limitation, all voice and/or data transmission cabling, and all changes, additions and alterations therein property not so removed shall be and remain on deemed abandoned by Tenant. Furthermore, Tenant shall immediately repair all damage to the Land and title Project caused by any such removal. If the Premises are not so surrendered at Lease Termination, then, in addition to all such property will vest in other rights and belong remedies of Landlord, Landlord may cause the removal and/or make any repairs, and the cost to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will shall be deemed Additional Rent payable by Tenant to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed Landlord within thirty (30) days after receipt of written demand made by Landlord without notice to Master Tenant and without any obligation to account for such itemsTenant. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltythis paragraph shall survive Lease Termination.

Appears in 1 contract

Samples: Lease Agreement (Rambus Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of On the Premiseslast day, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier permitted termination of the Term of this Leaselease term, Master Tenant will shall quit and surrender the premises in good and orderly condition and repair (reasonable wear and tear, and damage by fire or other casualty excepted) and shall deliver and surrender the leased premises to the Landlord the Premisespeaceably, including together with all buildings, replacements, changesalterations, additions and improvements constructedin, erectedto or on the premises made by Tenant as permitted under the lease. The Landlord reserves the right, added however, to require the Tenant at its cost and expense to remove any alterations or placed improvements installed by Master the Tenant thereonand not permitted or consented to by the Landlord pursuant to the terms and conditions of the lease, with all Equipment in or appurtenant thereto, in good condition which covenant shall survive the surrender and repair, reasonable wear and tear exceptedthe delivery of the premises as provided hereunder. Upon Prior to the expiration or sooner termination of this Leasethe lease term the Tenant shall remove all of its property, all Buildings (if anyfixtures, including all Equipment in or appurtenant thereto), improvements equipment and all changes, additions and alterations therein trade fixtures from the premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and remain Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the premises be not surrendered to the end of the lease term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the premises, including, without limitation any claims made by any succeeding tenant founded on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydelay.

Appears in 1 contract

Samples: Agreement (Brake Headquarters U S a Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the PremisesUpon expiration, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration termination or other termination of the Term default of this Lease, Master Tenant will quit shall surrender and surrender vacate the Premises immediately and deliver possession to Landlord in a clean, good, and tenable condition, except for: (a) damage beyond the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, control of Tenant; (b) reasonable use; (c) ordinary wear and tear exceptedtear. Upon Charges incurred by Landlord for removal of boxes and debris left in Premises which exceed normal janitorial costs shall be at the expiration or sooner termination expense of this LeaseTenant. No personal property shall be removed from the Premises unless Tenant has fulfilled all Lease obligations. If there are no amounts owed by Tenant, all Buildings (if anyany movable trade fixtures, including all Equipment in or appurtenant thereto), improvements personal property and all changestelephone, additions communication and alterations therein data lines and cables owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Building shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoved by Tenant. All of Master Tenant’s items authorized to be removed but subsequently not removed will shall, at Landlord's option, be deemed presumed to have been abandoned by Master Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant's expense. If any improvements are made by Tenant, with or without Landlord's approval, Tenant will, at its expense and may be appropriatedupon request by Landlord, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on restore the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltytheir original condition.

Appears in 1 contract

Samples: Lease Agreement (Insurance Management Solutions Group Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s The voluntary or other surrender of this Lease by the PremisesTenant, and no agreement to accept or a surrender mutual cancellation thereof, shall not automatically work a merger of the Premises will be validLandlord's and Tenant's estates. At the option of the Landlord such surrender shall terminate all or any existing subleases or sub tenancies, unless or may, at the same is made in writing and signed by option of the Landlord, operate as an assignment to it of any or all such subleases or sub tenancies. Upon the expiration or other termination of the Term Term, by lapse of this Leasetime or otherwise, Master the Tenant will quit shall surrender the Premises in the same condition as they have been received, excepting only reasonable use and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear exceptedand damage by act of God or by the elements. Upon If the expiration or sooner Tenant is requested by the Landlord to remove any personal property from the Building upon the termination of the Lease and shall have failed to remove same the Landlord may at its option remove Tenant's personal property in the manner the Landlord may choose and store said personal property without liability to the Tenant for the loss thereof. Tenant shall pay the Landlord on demand any and all expenses incurred in such removal and storage, including court costs and attorney's fees. The Landlord may, in its sole discretion, without notice, sell the personal property or any part thereof at private sale and without legal process for such price as the Landlord may obtain. Landlord shall apply the proceeds of the sale first upon the expense incident to the removal and sale of the personal property, apply the balance to any amounts due from the Tenant to the Landlord pursuant to this Lease; and hold any additional balance, all Buildings (if anywithout interest, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on for the Land and title to all such property will vest in and belong to Landlord without further action on benefit of the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personalty.

Appears in 1 contract

Samples: Agreement of Lease (Empire Financial Holding Co)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term or sooner termination of this Lease, Master Tenant will agrees to quit and surrender to Landlord the Demised Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant theretobroom clean, in good condition and repair, reasonable wear and tear and casualty excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alteration, additions, fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Demised Premises, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor. Upon Before surrendering the Demised Premises, Tenant (if not in default) shall remove all of Tenant’s personal property and unattached movable trade fixtures, and Tenant shall repair any damage caused thereby. If Tenant fails to remove any of Tenant’s property and trade fixtures, said property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove said property, at the expense of Tenant, without further notice to or demand upon Tenant, and hold Tenant responsible for any and all charges and expenses incurred by Landlord. If the Demised Premises is not so surrendered, Tenant shall indemnify landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Lease (Home Diagnostics Inc)

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Tenant shall deliver to Landlord the Premises with all Buildings (if anyimprovements located therein in good repair and condition, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain free of Hazardous Materials placed on the Land Premises during the Term, broom-clean, wear and title to all such property will vest in tear (and belong condemnation and casualty damage) excepted, and shall deliver to Landlord without further action on all keys to the part Premises. Provided that Tenant has performed all of either party hereto its obligations hereunder, Tenant may remove all of Tenant’s Property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or by any of Landlord’s prior tenants [except Tenant herein D. Tenant shall, at Tenant’s sole cost and without cost or charge to Landlordexpense, repair all damage caused by such removal. All of Master Tenant’s items not so removed will shall, at Landlord’s option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable The provisions of this Section 21.2 shall survive the expiration or responsible for any loss earlier termination of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Office Lease (BigCommerce Holdings, Inc.)

Surrender of Premises. No act Upon the expiration of this Lease, Tenant shall peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, ordinary wear and tear and loss by Landlord will be deemed an acceptance fire (unless caused by Landlord Tenant, its agents, servants, employees or invitees) excepted, and shall deliver all keys to Landlord. Subject to Section 9.3. hereof, before surrendering the Premises, Tenant shall remove all of Master Tenant’s surrender of its personal property and trade fixtures and such property and the removal thereof shall in no way damage the Premises, and no agreement to accept a surrender Tenant shall be responsible for all costs, expenses and damages incurred in the removal thereof. All movable personal property of Tenant not removed from the premises upon the abandonment thereof (as defined at Title 78, Chapter 36 of the Premises will be valid, unless Utah Code Xxx. or similar replacement provisions) or upon the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein Lease for any cause whatsoever shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will conclusively be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant or any other person and without any obligation to account for therefor. Tenant shall pay Landlord all expenses incurred in connection with the disposition or such itemsproperty in excess of any amount received by Landlord in connection therewith. Landlord will No surrender of the Premises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means whatsoever without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be liable or responsible for any loss released from obligation in connection with surrender of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when until Landlord takes possession of it, nor will Landlord be required has inspected the Premises and delivered to account for any such personaltyTenant a written release.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including Demised Premises and every part thereof and all buildings, replacements, changesalterations, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, broom clean and in good condition and state of repair, reasonable wear and tear and damage by casualty or condemnation only excepted. Upon Tenant shall remove Tenant's Medical Equipment and all personalty and equipment not attached to the Demised Premises \vhich it has placed upon the Demised Premises, and except as otherwise contemplated hereunder, Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof. If Tenant shall fail or ref<.lse to remove all of Tenant's Medical Equipment, effects, personalty and equipment from the Demised Premises that Tenant is obligated hereunder to remove upon the expiration or sooner termination of this LeaseLease for any cause whatever, all Buildings (if anyor upon the Tenant being dispossessed by process of law or otherwise, including all such Medical Equipment in or appurtenant thereto)effects, improvements personalty and all changes, additions and alterations therein equipment shall be and remain on the Land and title deemed conclusively to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise othenvise disposed of by Landlord without wTitten notice to Master Tenant or any other party and without any obligation to account for same. Tenant shall pay Landlord on demand any and all reasonable expenses actually incurred by Landlord in the removal of such items. Landlord will not be liable or responsible for property, including, without limitation, the cost of repairing any loss of or damage to the Building or Project caused by - 26 - the removal of such property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 33 shall survive any personalty owned expiration or held by or for Master Tenant which may be on the Premises when Landlord takes possession termination of it, nor will Landlord be required to account for any such personaltythis Lease. 34.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. No act On the Expiration Date, or upon any earlier termination of this Lease pursuant to the terms hereof, or upon any reentry by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of upon the Premises will be validpursuant to the provisions hereof, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and shall surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, Premises in good order, condition and repairrepairs, reasonable wear and tear excepted. Upon , together with all alterations, decorations, additions and improvements that may have been made in, to or on the expiration or sooner termination of Premises, except as otherwise stated in this Lease, along with Xxxxxx’s personal property, free and clear of all Buildings (liens and encumbrances, other than those, if any, including permitted hereby or otherwise created or consented to by Landlord, and, if requested to do so, shall execute, acknowledge and deliver to Landlord such instruments of further assurance as in the reasonable opinion of Landlord are necessary or desirable to confirm or perfect Landlord’s right, title and interest in and to the Premises. On or before the end of the Lease term, Tenant shall remove all Equipment in or appurtenant thereto), of Tenant’s personal property and removable improvements and fixtures from the Premises, and all changes, additions and alterations therein such personal property not removed by the close of business on the last day of the Lease term shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice any liability to Master Tenant, unless express arrangements have been made by the Landlord and Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss storage of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltysame.

Appears in 1 contract

Samples: Lease (1847 Holdings LLC)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination of the Term of this LeaseTerm, Master Tenant will shall peaceably quit and surrender to Landlord the PremisesPremises in the condition in which the same are required to be kept pursuant to Section 9.2, including together with the Initial Work, and all buildingsAlterations (except as hereinafter provided), replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable excepting only ordinary wear and tear excepted. Upon the expiration use and damage by fire or sooner termination other casualty, and/or condemnation for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Upon such expiration or earlier termination of the Term, Tenant shall remove from the Premises (i) all Buildings of Tenant’s Removable Property, (if anyii) to the extent specified by Landlord in writing at the time of their installation, including all Equipment in or appurtenant thereto)any Alterations, improvements other than the Initial Work, excluding the Expansions, and all changespartitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant’s occupancy; and shall repair any damage to the Premises or the Buildings caused by such removal, additions and alterations therein (iii) all telecommunications lines and cabling installed by Tenant within the Premises or elsewhere in the Buildings to the extent exclusively serving the Premises. Any Tenant’s Removable Property which shall remain in the Buildings or on the Premises after the expiration or earlier termination of the Term and surrender of the Premises by the Tenant, its assignees and subtenants, shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant’s sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 1 contract

Samples: Lease (Caliper Life Sciences Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender On the last day of the Premisesterm demised, or on the sooner termination thereof, the Tenant shall peaceably and quietly leave, surrender and yield up unto the Landlord the demised premises broom-clean, in good order and repair, taking into consideration the age of the building at expiration of the term hereof, and no agreement except for reasonable wear and tear between the last necessary repair, replacement or restoration made by the Tenant pursuant to accept a surrender of the Premises will be validits obligations hereunder, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made upon the premises, erected, added except moveable furniture or placed by Master Tenant thereon, with all Equipment moveable trade fixtures put in or appurtenant thereto, in good condition and repair, reasonable wear and tear exceptedat the expense of the Tenant. Upon If the expiration or sooner termination last day of the term of this LeaseLease falls on Saturday or Sunday, all Buildings (if anythis Lease shall expire on the business day immediately preceding it. The Tenant, including all Equipment in on or appurtenant thereto)before said date, improvements shall remove property from the demised premises, and all changes, additions and alterations therein property not so removed shall be and remain on deemed abandoned by the Land and title to all such property will vest in and belong Tenant. If said premises be not surrendered at the end of the term, the Tenant shall indemnify to Landlord against loss or liability resulting from delay by the Tenant in so surrendering the premises, including, without further action limitation, any claims made by any succeeding Tenant founded on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydelay.

Appears in 1 contract

Samples: American Technical Ceramics Corp

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of this Lease, Tenant shall deliver to Landlord the Premises in the condition required by Section 8.(b) of this Lease, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all trade fixtures, equipment, furniture, and personal property placed in the Premises by Tenant and all such alterations, additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Premises at the earlier expiration or termination of the Term of this Lease, Master and may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant will quit and surrender to Landlord from the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon Premises at the earlier expiration or sooner termination of the Term of this Lease, . Tenant shall repair all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall, at Landlord's option, be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will ; any such disposition shall not be liable or responsible for any loss considered a strict foreclosure. The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 21 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Networks Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other earlier termination --------------------- of the Term of this Lease, Master Tenant will shall peaceably quit and surrender to Landlord the PremisesPremises in neat and clean condition and substantially the same condition as the Premises was in when delivered to Tenant, including together with all buildings, replacements, changesalterations, additions and improvements constructedwhich may have been made or installed in, erectedon or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable excepting only ordinary wear and tear excepted. Upon the expiration use and damage by fire or sooner termination other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall remove all Buildings (if anyof Tenant's Removable Property and, including to the extent specified by Landlord, all Equipment in or appurtenant thereto), improvements alterations and additions made by Tenant and all changes, additions partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and alterations therein shall repair any damages to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed conclusively to have been abandoned by Master Tenant abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to Master Tenant may see fit, at Tenant's sole cost and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyexpense.

Appears in 1 contract

Samples: Lease (Telehublink Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, valid unless the same it is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, Tenant must deliver to Landlord the Premises with all Buildings improvements in good repair and condition, broom-clean, except for reasonable wear and tear (if anyand condemnation and Casualty damage not caused by Tenant, including all Equipment as to which Sections 12 and 13 above control). All alterations, additions, improvements, equipment, wiring and furniture made in or appurtenant thereto)upon the Premises must, improvements at Landlord's option upon notice to Tenant, either be removed by Tenant (and Tenant must repair all changes, additions and alterations therein shall be and damage caused by such removal) or remain on the Land and title Premises without compensation to all such property will vest in and belong Tenant. Tenant must also deliver to Landlord without further action on all keys to the part Premises. So long as Tenant has performed all of either party hereto its obligations under this Lease, Tenant may remove all unattached trade fixtures and without cost or charge personal property placed in the Premises by Tenant, provided that Tenant remains obligated to Landlordrepair all damage caused by such removal. All of Master Tenant’s items not so removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord The provisions of this Section 18 will not be liable or responsible for any loss survive the end of or damage to any personalty owned or held by or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyTerm.

Appears in 1 contract

Samples: Lease Agreement (Paragon Financial Corp)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration of the Term, or other sooner termination of the Term of this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant theretobroom clean, in good condition order and repaircondition, reasonable normal wear and tear and damage by fire and other casualty which are Landlord’s obligation excepted. Upon the expiration or sooner termination of this LeaseSubject to Landlord’s right to require Tenant to remove certain alterations as provided in Section 5.3, all Buildings (if anyTenant Improvements and other fixtures, including all Equipment such as light fixtures and HVAC equipment, wall coverings, carpeting and drapes, in or appurtenant thereto)serving the Premises, improvements and all changeswhether installed by Tenant or Landlord, additions and alterations therein shall be Landlord’s property and remain on the Land and title shall remain, all without compensation, allowance or credit to all such Tenant. Any property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord without notice to Master at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and without any obligation to account for such items. Landlord will shall not be liable for the value, preservation or responsible safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Tenant hereby waives, to the maximum extent allowable, the benefit of all laws now or hereafter in force in this state or elsewhere exempting property from liability for any loss of or damage to any personalty owned or held by rent or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydebt.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. 21.1 Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner termination of this Lease, whether by lapse of time or otherwise, or upon the exercise by the Landlord of the power to re-enter and repossess the Leased Premises without terminating this Lease, as hereinbefore provided, the Tenant shall at once surrender the possession of the same to the Landlord in as good order and repair as they were in as of the date hereof, except for (i) those repairs and replacements which are Landlord's obligations as set forth in Subsection 6.3 hereof, (ii) normal wear and tear, and at once remove all Buildings of the Tenant's property therefrom and (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or iii) damage to the Leased Premises attributable to any personalty owned fire or held by or for Master other casualty covered under Section 12, above. Notwithstanding part (iii) above, however, subject to Section 8.4, above, the Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord shall be required to account make any repairs to the Leased Premises to the extent that (a) the fire or other casualty is attributable to the willful misconduct of the Tenant or (b) insurance proceeds to make such repairs would have been available but for any the Tenant's failure to maintain the type(s) of insurance which the Tenant is required to maintain pursuant to Section 8.2, above. If, upon such personaltyan event, the Tenant does not at once surrender possession of the same and remove all its property therefrom, the Landlord may forthwith re-enter and repossess the same and remove all of the Tenant's property therefrom and store the same without being guilty of trespass or of forcible entry or detainer and thereafter the Landlord may recover from the Tenant all costs and expenses incurred by the Landlord in removing the Tenant's property and storing the same, together with interest as aforesaid.

Appears in 1 contract

Samples: Lease (Insurance Management Solutions Group Inc)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration of the Term, or other sooner termination of the Term of this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant theretobroom clean, in good condition order and repaircondition, reasonable normal wear and tear and damage by fire and other casualty which are Landlord’s obligation excepted. Upon All Tenant Improvements and other fixtures, such as light fixtures and HVAC equipment (other than supplemental HVAC units, generators or other personal property installed by Tenant in the expiration Premises), wall coverings, carpeting and drapes, in or sooner termination of this Leaseserving the Premises, whether installed by Tenant or Landlord, shall be Landlord’s property and shall remain in the Premises, all Buildings (if anywithout compensation, including all Equipment in allowance or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title credit to all such Tenant. Any property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord without notice to Master at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and without any obligation to account for such items. Landlord will shall not be liable for the value, preservation or responsible safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. The Tenant hereby waives, to the maximum extent allowable, the benefit of all laws now or hereafter in force in the State of North Carolina or elsewhere exempting property from liability for any loss of or damage to any personalty owned or held by rent or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydebt.

Appears in 1 contract

Samples: Lease and Lease Termination Agreement (Salix Pharmaceuticals LTD)

Surrender of Premises. No act Tenant shall, on or before the last day of the Term hereof, or on the sooner termination hereof, peaceably and quietly leave, surrender and yield up unto Landlord the Property, together with all alterations, additions, improvements, fixtures and equipment including thereon and other personal property of Tenant, any lessee, sublessee, licensee or concessionaire of Tenant, or any other occupant of the Property. Such alterations, additions, improvements, fixtures and equipment to be in good order and repair, ordinary wear and tear, obsolescence, damage by Landlord will fire or other casualty, acts of God, condemnation, civil riot and commotion excepted. All such trade fixtures and other personal property shall be removed by Tenant on or before the last day of the Term hereof, and all such property not so removed shall be deemed an acceptance abandoned by Tenant and conveyed to Landlord unless Landlord shall give notice to Tenant to remove all or any part hereof, in which event Tenant shall promptly at its expense remove same, or Landlord may remove and dispose of Master such fixtures and personal property at Tenant’s surrender expense, which if paid by landlord shall be reimbursed by Tenant within ten (10) days of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed demand by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration or sooner This provision shall survive any termination of this Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant Lease and may be appropriated, sold, stored, destroyed or otherwise disposed of enforceable against Tenant by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss of or damage to any personalty owned or held by or for Master Tenant which may be on notwithstanding the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyfact that the Lease has been terminated.

Appears in 1 contract

Samples: Ground Lease

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration of the Term, or other sooner termination of the Term of this Lease, Master Tenant will shall quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant theretobroom clean, in good condition order and repaircondition, normal wear and tear and damage by fire and other casualty excepted. All leasehold improvements that are not fixtures, and fixtures that can be removed by Tenant with the Premises repaired to its original condition, reasonable wear and tear excepted, such as light fixtures and HVAC equipment, wall coverings, carpeting and drapes, in or serving the Premises, whether installed by Tenant or Landlord, shall be Tenant's property. Upon Any property not removed upon expiration of the expiration Term, or sooner soon termination of this the Lease, all Buildings (if any, including all Equipment in or appurtenant thereto), improvements and all changes, additions and alterations therein shall be and remain on the Land and title to all such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlord. All of Master Tenant’s items not removed will be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord without notice to Master at Tenant's expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and without any obligation to account for such items. Landlord will shall not be liable for the value, preservation or responsible safekeeping thereof. At Landlord's option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by bill xx sale without payment by Landlord. The Tenant hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in force in this state or elsewhere exempting property from liability for any loss of or damage to any personalty owned or held by rent or for Master Tenant which may be on the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltydebt.

Appears in 1 contract

Samples: Mego Mortgage Corp

Surrender of Premises. No act by Landlord will shall be deemed an acceptance by Landlord of Master Tenant’s a surrender of the Premises, and no agreement to accept a surrender of the Premises will shall be valid, valid unless the same is made in writing and signed by Landlord. Upon At the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender shall deliver to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, Premises with all Equipment in or appurtenant thereto, improvements located thereon in good condition repair and repaircondition, reasonable wear and tear (and condemnation and fire or other casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Upon Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the expiration Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or sooner termination of this Leasein part, all Buildings (if any, including all Equipment in or appurtenant theretoby Landlord), improvements and shall remove such alterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord may request. Tenant shall repair all changes, additions and alterations therein shall be and remain on the Land and title to all damage caused by such property will vest in and belong to Landlord without further action on the part of either party hereto and without cost or charge to Landlordremoval. All of Master Tenant’s items not so removed will shall be deemed to have been abandoned by Master Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to Master Tenant and without any obligation to account for such items. Landlord will not be liable or responsible for any loss The provisions of or damage to any personalty owned or held by or for Master Tenant which may be on this Section 20 shall survive the Premises when Landlord takes possession end of it, nor will Landlord be required to account for any such personaltythe Term.

Appears in 1 contract

Samples: Office Lease Agreement (Summit Bancshares Inc /Tx/)

Surrender of Premises. No act by Landlord will be deemed an acceptance by Landlord of Master Tenant’s surrender of On the Premises, and no agreement to accept a surrender of the Premises will be valid, unless the same is made in writing and signed by Landlord. Upon the expiration or other termination of the Term of this Lease, Master Tenant will quit and surrender to Landlord the Premises, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Master Tenant thereon, with all Equipment in or appurtenant thereto, in good condition and repair, reasonable wear and tear excepted. Upon the expiration Expiration Date or sooner termination of this Lease, Tenant shall quit and surrender the Demised Premises broom clean, and in good condition and repair, together with all Buildings (if anyalterations, including all Equipment in or appurtenant thereto)fixtures, improvements and all changesinstallations, additions and alterations therein shall be and remain improvements which may have been made in or attached on or to the Demised Premises. Landlord may require Tenant to restore the Demised Premises to the condition the Demised Premises was in on the Land and title to all such Commencement Date. Any personal property will vest of Tenant or any subtenant or occupant which shall remain in and belong to Landlord without further action or on the part Demised Premises after the termination of either party hereto this Lease and the removal of Tenant or such subtenant from the Demised Premises or the surrender by Tenant of the Demised Premises, may, at the option of Landlord and without cost or charge to Landlord. All of Master Tenant’s items not removed will notice, be deemed to have been abandoned by Master Tenant or such subtenant or occupant and may either be appropriated, sold, stored, destroyed or otherwise disposed of retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord shall give written notice to Master Tenant to such effect, such property shall be removed by Tenant, at Tenant’s cost and without any obligation to account for such items. expense; and Landlord will shall not be liable or responsible for any loss of or damage occurring to any personalty such property owned by Tenant or held by any subtenant or for Master Tenant which may be on occupant. Tenant’s obligations under this Section shall survive the Premises when Landlord takes possession of it, nor will Landlord be required to account for any such personaltyExpiration Date.

Appears in 1 contract

Samples: Lease

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