Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 3 contracts

Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)

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Surrender of Premises. At the termination expiration of the Term of this Lease Lease, or Tenant’s right of possessionupon its earlier termination, Tenant shall (a) remove Tenant’s Property from surrender the Premises, (b) remove including all Improvements and additions thereto and alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and thereof in good order, condition and repairrepair (which for the Hotel shall be as determined by the maintenance standards and specifications promulgated by the Hotel Franchisor as defined in Section 8.1 hereof), ordinary wear and tear and damage by fire free of any debt or other casualty which encumbrances not approved by Landlord, and shall surrender all keys to the Premises to Landlord is obligated at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on lock, safes and vaults, if any. Tenant at such time shall remove all of its Trade Fixtures and Personal Property therefrom and shall repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails to remove any Any such Trade Fixtures and Personal Property not so removed shall, at Landlord’s option, become the exclusive property of Tenant’s Property within two (2) days after termination Landlord or be disposed of this Lease or Tenant’s right to possession, by Landlord, at Tenant’s sole cost and expense, without further notice to or demand upon Tenant. If the Premises shall not be surrendered as above set forth, Tenant shall indemnify, defend and hold harmless Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. All Property of Tenant not removed by the last day of the Term of this Lease shall be entitled (but not obligated) deemed abandoned. Tenant hereby appoints Landlord its agent to remove all such Trade Fixtures and store Personal Property of Tenant from the Premises upon the expiration of the Term of this Lease or its earlier termination and to cause its transportation and storage for Tenant’s Property. benefit, all at the sole cost and risk of Tenant and Landlord shall not be responsible liable for the valuedamage, preservation theft, misappropriation or safekeeping of Tenant’s Propertyloss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay Landlordall cost and expenses incurred by Landlord with respect to removal or storage of abandoned Trade Fixtures and Personal Property and with respect to restoring said Premises to good order, upon demand, the expenses condition and storage charges incurredrepair. If Tenant fails to remove Tenant’s Property from obligations and covenants shall survive the Premises expiration or storage, within thirty (30) days after notice, Landlord may deem all or any part other termination of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlordthis Lease.

Appears in 3 contracts

Samples: Land and Improvements Lease, Land and Improvements Lease, Land and Improvements Lease

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by Xxxxxxxx), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease or Tenant’s right of possession, Lease. Tenant shall (a) indemnify Landlord for all damages and losses suffered as a result of Xxxxxx's failure to remove Tenant’s Property from voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises, (b) remove Premises on a timely basis. Tenant shall surrender all alterations and improvements keys to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two upon expiration or ten (210) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove Xxxxxx’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant’s right to possession, Landlord, at Tenant’s sole cost . Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and expense, shall be entitled (but not obligated) to remove and store Tenant’s Propertystorage. Landlord shall not be responsible have the right to sell such stored property, without notice to Tenant, after it has been stored for the value, preservation or safekeeping a period of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after noticeor more, Landlord may deem all or any part the proceeds of Tenant’s Property such sale to be abandoned applied first, to the cost of sale; second, to the payment of the charges for storage; and title third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant’s Property shall vest in Landlord.

Appears in 3 contracts

Samples: Gas Works Park Concession Lease, clerk.seattle.gov, clerk.seattle.gov

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possessionpossession hereunder, Tenant shall remove all Required Removables (aif any) under Section 8.03, remove all Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made signage installed by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, taking by eminent domain, damage by Casualty and damage by fire or other casualty and elements of the Premises which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables or Tenant’s signage. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or Tenant’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, subject to applicable Laws, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 3 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Ikena Oncology, Inc.)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) peaceably quit and surrender to Landlord the Premises to Landlord, broom clean, in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and tear and use, damage by fire or other casualty which Landlord is obligated to repair hereunder exceptedcasualty, and taking by eminent domain. If Tenant fails to shall remove any all of Tenant’s Removable Property and, 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 two (2) days the Premises unless installed initially by Landlord in preparing the Premises for Tenant’s occupancy; and shall repair any damages to the Premises, the Building, or the Property caused by such removal, subject to Section 10.4 above. 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 (and vacancy thereof by Tenant) shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or Tenant’s right to possession, Landlordmay be disposed of in such manner as Landlord may see fit, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 2 contracts

Samples: Lease (Repligen Corp), Lease (Repligen Corp)

Surrender of Premises. At the termination of this Lease or Tenant’s 's right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit personal property and surrender the Premises to Landlord, Landlord in good order and in "broom clean, and in good order, condition and repair" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty which Landlord is obligated to repair hereunder exceptedalterations made by Tenant. If Tenant fails to remove any of Tenant’s Property 's personal property within two (2) business days after termination of this Lease or Tenant’s right to possessiontermination, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property's personal property. Landlord shall not be responsible for the value, safekeeping or preservation or safekeeping of Tenant’s Property's personal property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredall costs of storage. If Tenant fails to remove Tenant’s Property 's personal property from the Premises or storage, from storage within thirty (30) days after delivery of notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned and title to Tenant’s Property that property shall vest in Landlord. If Tenant fails to remove any of the alternations or improvements made by Tenant by the Termination Date and complete related repairs in a timely manner, Landlord may perform such work at Tenant's expense. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or acceptance of payment from the Tenant after the termination of this Lease shall extend the Term or prevent Landlord from immediate recovery of possession of the Premises.

Appears in 2 contracts

Samples: Form Commercial Lease, Form Commercial Lease

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s 's right of possessionpossession hereunder, Tenant shall (a) remove all Tenant’s 's Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to Required Removables designated by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s 's Property within two five (25) days after the termination of this Lease or Tenant’s 's right to possessionpossession hereunder, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and/or store such Tenant's Property and store Tenant’s Property. Landlord shall not in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in the possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s 's Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord.

Appears in 2 contracts

Samples: Office Lease Agreement (Acacia Research Corp), Office Lease Agreement (Acacia Research Corp)

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to keys for the Premises or Building made by or on behalf and exclusive possession of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, Landlord broom clean, clean and in good order, condition and repair, ordinary reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by fire or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is obligated pursuant to repair hereunder exceptedSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant fails to remove any of Tenant’s Property within two (2) days after by the expiration or sooner termination of this Lease or Tenant’s right all of its personal property and Alterations identified by Landlord for removal pursuant to possessionSection 13.2, LandlordLandlord may, (without liability to Tenant for loss thereof), at Tenant’s sole cost and expensein addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant’s Property, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlordsuch items), upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and title paid to Tenant’s Property shall vest in Landlord.

Appears in 2 contracts

Samples: Lease (Corium International, Inc.), Work Letter Agreement (Gigamon LLC)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 2 contracts

Samples: Office Lease (Power Efficiency Corp), Office Lease (CSR PLC)

Surrender of Premises. At Upon the expiration of the term of this Sublease, or upon any earlier termination of this Lease or Tenant’s right of possessionSublease, Tenant Subtenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender possession of the Premises to LandlordSublandlord in as good order and condition as the same are now or hereafter may be improved by Landlord or Subtenant, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear and damage by fire repairs which are Landlord's obligation excepted, and shall, without expense to Sublandlord, remove or other casualty which Landlord is obligated cause to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Subtenant or storageinstalled or placed by Subtenant at its expense in the Premises, within thirty (30) days after noticeand all similar articles of any other persons claiming under Subtenant, and Subtenant shall repair all damage to the Premises resulting from such removal. Upon the expiration of this Sublease, or if Sublandlord or Landlord re-enters or re-takes possession of the Premises prior to the normal expiration of this Sublease, Sublandlord or Landlord shall have the right, but not the obligation, to remove from the Premises all personal property located therein belonging to Subtenant, and either party may deem discard such debris, rubbish and personal property or place such personal property in storage in a public warehouse, all or any part at the expense and risk of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordSubtenant.

Appears in 2 contracts

Samples: Banks of the Chesapeake Inc, Genicom Corp

Surrender of Premises. (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received (e.g., the Premises upon completion of the Landlord’s Work), or first installed, subject to the terms of Paragraphs 21 and 39, subject to normal wear and tear and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (however, Landlord shall be entitled to charge Tenant for such repairs and replacements pursuant to Paragraph 3). Tenant may, upon the termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations personal property, movable furniture, trade fixtures and improvements equipment belonging to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expensecost, provided that Tenant repairs any damage caused by such removal. Property not so removed shall be entitled (but not obligated) to remove and store deemed abandoned by Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to the same shall thereupon pass to Landlord, excluding any intellectual property rights. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Paragraph 6, Tenant shall remove, at Tenant’s Property shall vest in Landlordsole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal.

Appears in 2 contracts

Samples: Lease Agreement (Upwork Inc.), Lease Agreement (Upwork Inc.)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a xxxx of sale.

Appears in 2 contracts

Samples: Office Lease Agreement (Great Basin Scientific, Inc.), Office Lease Agreement

Surrender of Premises. At On the termination of this Lease or Tenant’s right of possessionExpiration Date, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Demised Premises to Landlordtogether with all alterations, fixtures, (except trade fixtures), installations, additions and improvements which may have been made in or attached thereto, vacant, broom clean, and in good order, condition and repair, ordinary wear and tear tear, casualty and damage by fire condemnation excepted, unless Landlord provides otherwise in writing with respect to Specialty Alterations. On or other casualty which Landlord is obligated to repair hereunder excepted. If before the Expiration Date, Tenant fails to at its expense, shall remove any from the Demised Premises all of Tenant’s Property within two moveable property which is not attached to, or built into, the Demised Premises (2including, without limitation Tenant’s furniture, partitions, work stations, and all other personal property of Tenant) days except such items thereof as Tenant shall have expressly agreed in writing with Landlord were to remain and to become the property of Landlord, and shall fully repair any damage to the Demised Premises or the Building resulting from such removal. Any moveable personal property of Tenant, or any subtenant or occupant, which shall remain in or on the Demised Premises after the termination of ​ ​ this Lease or Tenant’s right to possession, Landlordmay, at the option of Landlord and without notice, be deemed to have been abandoned by such Tenant’s sole , subtenant or occupant, and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. Tenant shall reimburse Landlord for any reasonable cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Propertyor expense incurred by Landlord in carrying out the foregoing. Landlord shall not be responsible for the value, preservation any loss or safekeeping of damage occurring to any such property owned by Tenant or any subtenant or occupant. Tenant’s Property. Tenant obligations under this Section 7.06 shall pay Landlord, upon demand, survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordExpiration Date.

Appears in 2 contracts

Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear tear, casualty, condemnation, and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property Property, or to restore the Premises to the required condition, within two five (25) days Business Days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s PropertyProperty and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the reasonable out-of-pocket expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)

Surrender of Premises. At By taking possession of the Premises, subject to Landlord's performance of its obligations under Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in good order, condition and repair, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant's Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by fire or other casualty which Landlord is obligated to repair hereunder exceptedthe removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within two (2) days after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease or Tenant’s right Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possessionLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove attorneys' fees and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails give written notice to remove Tenant’s Property from the Premises or storage, within Landlord at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property 's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Xxxxxx's vacating the Premises shall conclusively be abandoned deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and title to Tenant’s Property shall vest in Landlordrepairs and restoration of the Premises.

Appears in 2 contracts

Samples: Avantgo Inc, Avantgo Inc

Surrender of Premises. At the expiration or earlier termination of this Lease or TenantXxxxxx’s right of possessionpossession hereunder, Tenant shall (a) remove all Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, Required Removables (cif any) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingunder Section 8.03, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or TenantXxxxxx’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the actual and reasonable expenses and storage charges so incurred. If Tenant fails to remove TenantXxxxxx’s Property from the Premises or storage, storage within thirty (30) days after noticefollowing written notice from Landlord, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any and all Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good the same order, condition and repairrepair as received, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property within two (2) days after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possessionpossession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and and/or store Tenant’s PropertyProperty and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Surrender of Premises. At the termination of this Lease or TenantXxxxxx’s right of possession, Tenant shall (a) remove Tenant’s Property property including any furniture, fixtures, equipment installed by or for the benefit of Tenant from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and Landlord in good order, substantially the same condition and repairas of the Commencement Date of this Lease Term, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. Landlord may, by notice to Tenant not less than ninety (90) nor more than One Hundred Eighty (180) days prior to the Expiration Date require Tenant, at Tenant’s expense, remove any Alterations and repair any damage caused by such removal. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease property, or Tenant’s right to possessionrestore the Premises to the required condition, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Propertyproperty and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertyproperty. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove TenantXxxxxx’s Property property from the Premises or storage, within thirty sixty (3060) days after notice, Landlord may deem all or any part of Tenant’s Property property to be abandoned and and, at Landlord’s option, title to Tenant’s Property property shall vest in LandlordLandlord or Landlord may dispose of Xxxxxx’s property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary repair (reasonable wear and tear tear, permitted Alterations, and damage by fire casualty or other casualty which 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 also inform Landlord of 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 delay in so surrendering the Premises, 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 obligated to repair hereunder excepteddeemed abandoned. If Tenant fails to remove any all of Tenant’s Property within two (2) days after 's property from the Premises upon termination of this Lease or Lease, then Tenant shall be deemed to have appointed Landlord as Tenant’s right 's agent to possession, Landlordremove, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property 's property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant's benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Office Sublease (Aspirity Holdings LLC)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any and all Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possessionpossession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and and/or store Tenant’s PropertyProperty and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (Jaguar Health, Inc.), Office Lease Agreement (Thimble Point Acquisition Corp.)

Surrender of Premises. At the Upon termination of this Lease or Tenant’s right of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in the same condition it was in as of the Commencement Date (with respect to the Part A Premises) and the Part B Premises Commencement Date (with respect to the Part B Premises), broom clean, and in good order, condition and repair, except for ordinary wear and tear and damage by fire casualty which Tenant was not obligated to remedy under any provision of this Lease. Tenant shall remove its machinery or equipment and repair any damage to the Premises caused by such removal. Tenant shall not remove any power wiring or power panels, lighting or lighting fixtures, wall coverings, blinds or other casualty which Landlord is obligated window coverings, carpets or other floor coverings, or heaters or air conditioners, unless Landlord, by notice to repair hereunder excepted. If Tenant fails Tenant, elects to remove have any of the foregoing removed by Tenant, in which event the same shall be removed from the Premises by Tenant prior to the expiration of the Lease, and Tenant shall repair any damage to the Premises due to such removal. All property of Tenant remaining on the Premises after Tenant’s Property within two (2) days after termination surrender of this Lease the Premises shall be deemed abandoned and at Landlord’s election may either be retained by Landlord or Tenant’s right to possession, Landlord, may be removed from the Premises at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, deliver to Landlord all keys to the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 2 contracts

Samples: Agreement of Lease (Valeritas Holdings Inc.), Agreement of Lease (Valeritas Holdings Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvement”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or eariler termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Landlord is obligated shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to repair hereunder exceptedbe constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s solo discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails falls to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested .in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld). Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property, Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

Surrender of Premises. At On expiration of the termination of this Lease or Tenant’s right of possessionterm, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements surrender to Landlord the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, (except for ordinary wear and tear and except for any destruction to the Premises contemplated in Section 15 above and except for any damage required to be repaired by fire Landlord). Landlord can elect to retain or other casualty which dispose of in any manner any alterations or Tenant’s personal property that Tenant does not remove from the Premises on expiration or termination of the Term by giving at least ten (10) days notice to Tenant. Title to any such alterations or Tenant’s personal property that Landlord is obligated elects to repair hereunder exceptedretain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s reasonable costs for storing, removing, and disposing of Tenant’s personal property (including any costs necessary to assure compliance with HIPAA confidentiality standards). If Tenant fails to remove any surrender the Premises to Landlord on expiration of the Term as required by this Section, Tenant shall hold Landlord harmless from all damages resulting from Tenant’s Property within two (2) days after termination of this Lease or failure to timely surrender the Premises, including, without limitation, damages to a successor tenant resulting from Tenant’s right failure to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for timely surrender the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 1 contract

Samples: Office Lease

Surrender of Premises. At the termination of this Lease or Tenant’s Xxxxxx's right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit personal property and surrender the Premises to Landlord, Landlord in good order and in "broom clean, and in good order, condition and repair" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty which Landlord is obligated to repair hereunder exceptedalterations made by Tenant. If Tenant fails to remove any of Tenant’s Property 's personal property within two (2) business days after termination of this Lease or Tenant’s right to possessiontermination, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property's personal property. Landlord shall not be responsible for the value, safekeeping or preservation or safekeeping of Tenant’s Property's personal property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredall costs of storage. If Tenant fails to remove Tenant’s Property Xxxxxx's personal property from the Premises or storage, from storage within thirty (30) days after delivery of notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned and title to Tenant’s Property that property shall vest in Landlord. If Tenant fails to remove any of the alternations or improvements made by Tenant by the Termination Date and complete related repairs in a timely manner, Landlord may perform such work at Tenant's expense. If Xxxxxx fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or acceptance of payment from the Tenant after the termination of this Lease shall extend the Term or prevent Landlord from immediate recovery of possession of the Premises.

Appears in 1 contract

Samples: Form Commercial Lease

Surrender of Premises. At the termination of this Lease or Tenant’s Xxxxxx's right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit personal property and surrender the Premises to Landlord, Landlord in good order and in "broom clean, and in good order, condition and repair" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty which Landlord is obligated to repair hereunder exceptedalterations made by Tenant. If Tenant tenant fails to remove any of Tenant’s Property Xxxxxx's personal property within two (2) business days after termination of this Lease or Tenant’s right to possessiontermination, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, safekeeping or preservation or safekeeping of Tenant’s Property's personal property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredall costs of storage. If Tenant fails to remove Tenant’s Property Xxxxxx's personal property from the Premises or storage, within from storage with thirty (30) days after delivery of notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned and title to Tenant’s Property that property shall vest in Landlord. If tenant fails to remove any of the alternations or improvements made by tenant by the Termination date and complete related repairs in a timely manner, Landlord my perform such work at Tenant's expense. If Xxxxxx fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or acceptance of payment from the Tenant after the termination of this Lease shall extend the Term or prevent Landlord from immediate recovery of possession of the Premises.

Appears in 1 contract

Samples: Form Commercial Lease (Monterey Capital Acquisition Corp)

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possessionpossession hereunder, Tenant shall (a) remove all Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, Required Removables (cif any) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingunder Section 8.03, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or Tenant’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Atea Pharmaceuticals, Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant (which request must make reference to this Section 29 of the Lease), notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitutes Special Installations. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and loss or damage by fire due to casualty or other casualty condemnation excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a bxxx of sale.

Appears in 1 contract

Samples: Office Lease Agreement (Epicor Software Corp)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will surrender all keys to Landlord is obligated or Property Manager at the place then fixed for Tenant’s payment of Basic Rent or as Landlord may otherwise direct. Tenant will also inform Landlord of 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 so requests, all previously specified Alterations Tenant placed on the Premises. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of this Lease Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Horizon Health Corp /De/)

Surrender of Premises. At Section 4.2 of the Lease is amended in relevant part to provide that, in the event Tenant constructs the Playground on the Leased Premises in accordance with the Lease, upon the termination or expiration of this the Lease or Tenantthe Term thereof (as it may be extended by any Renewal Terms), Landlord may purchase the Playground from Tenant at a price to be mutually agreed upon by the Parties, but in no event greater than the Playground’s right fair market value. If Landlord elects to not purchase the Playground or the Parties are unable to agree upon the purchase price of possessionthe Playground, upon the termination or expiration of the Lease or the Term thereof, Tenant shall (a) promptly remove Tenant’s Property from the Playground and any and all site improvements constructed on the Leased Premises, including, without limitation, fencing, ground surfacing and paved pathways (b) remove all alterations collectively, the “Site Improvements”), and improvements restore the Leased Premises to substantially the same condition that existed prior to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal construction of the items specified in Playground. In the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If event Tenant fails to remove any of Tenant’s Property within two (2) days the Playground and Site Improvements, and restore the Leased Premises as provided herein, after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after noticedays’ written notice from Landlord to Tenant, Landlord may deem all or any part (but shall have no obligation to) remove the Playground and Site Improvements, and restore the Leased Premises as provided herein, and xxxx the costs of Tenant’s Property to be abandoned such removal and title restoration to Tenant’s Property , whereupon Tenant shall vest in Landlordpromptly reimburse Landlord for such costs. The provisions of Section 4.2 of the Lease, as amended hereby, shall survive the termination or expiration of the Lease.

Appears in 1 contract

Samples: Lease

Surrender of Premises. At Subtenant shall peaceably surrender the Premises to Sublandlord upon expiration or earlier termination of this Lease or Tenant’s right of Sublease, in broom-clean condition and in as good condition as when Subtenant took possession, Tenant shall except for (ai) remove Tenant’s Property from the Premisesreasonable wear and tear, (bii) loss by fire or other casualty, (iii) loss by condemnation, and (iv) any other loss to the extent caused by the gross negligence or intentional misconduct of Sublandlord. Subtenant shall, on Sublandlord’s request, remove Subtenant’s personal property, trade fixtures, equipment, and movable partitions (if any), upon the expiration or earlier termination of this Sublease and promptly repair all alterations and improvements damage to the Premises or Building made caused by such removal, which obligations shall survive the expiration or earlier termination of this Sublease. If Subtenant abandons the Premises, any of Subtenant’s personal property, trade fixtures or equipment left on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord the Premises shall be deemed to be removedabandoned, and, upon giving ten (c10) days prior written notice to Subtenant, at Sublandlord’s option, title shall pass to Sublandlord under this Sublease as by a xxxx of sale. If Subtenant abandons the Premises and Sublandlord elects to remove all alterations and improvements or any part of Subtenant’s personal property, the reasonable cost of removal, including repairing any damage to the Premises or Building made caused by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expenseremoval, shall be entitled paid by Subtenant. Upon the expiration of the Term or earlier termination of the Sublease, Subtenant shall surrender all keys and security access cards for the security system for the Premises installed by Subtenant (but not obligatedif any) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordSublandlord.

Appears in 1 contract

Samples: Sublease Agreement (Provide Commerce Inc)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations promptly and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) peaceably quit and surrender to Landlord the Premises to Landlord, broom clean, in neat and clean condition and in good order, condition and repair, 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 use and damage by fire or other casualty which Landlord is obligated for which, under other provisions of this Lease, Tenant has no responsibility to repair hereunder exceptedor restore. If Tenant fails shall remove all of Tenant’s Removable Property, all signs installed by or on behalf of Tenant in or on the Premises and the Building, all lines and other wiring and cabling installed by Tenant prior to or during the Term. Tenant shall have no responsibility to remove any wiring cabling in or serving the Premises that was not installed by or on behalf of Tenant, which, as between Landlord and Tenant, shall be Landlord’s responsibility. 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 within two (2) days which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or Tenant’s right to possession, Landlordmay be disposed of in such manner as Landlord may see fit, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: Lease (Howard Bancorp Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted, conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed reasonable wear and damage by fire or other casualty tear. Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any of Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a xxxx of sale.

Appears in 1 contract

Samples: Office Lease Agreement (VirtualArmour International Inc.)

Surrender of Premises. At On the Termination Date or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after Property, or to restore the Premises to the required condition, on the Termination Date or earlier termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s PropertyProperty and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty ten (3010) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (scPharmaceuticals Inc.)

Surrender of Premises. At the termination On expiration of this Lease or Tenant’s right within five (5) days after the earlier termination of possessionthe term, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements surrender to Landlord the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and destruction to the Premises covered by paragraph 24). Tenant shall remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal of any Alterations or Tenant's personal property within the time periods stated in this paragraph. Landlord can elect to retain or dispose of in any manner any Alterations or any of Tenant's personal property that Tenant does not remove from the Premises on expiration or termination of the term as allowed or required by this Lease by giving at least ten (10) days' notice to Tenant. Title to any such Alterations or any of Tenant's personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage by fire to Tenant resulting from Landlord's retention or other casualty which disposition of any such Alterations or of any of Tenant's personal property. Tenant shall be liable to Landlord is obligated to repair hereunder exceptedfor Landlord's costs for storing, removing, and disposing of any alterations or any of Tenant's personal property. If Tenant fails to remove any of Tenant’s Property within two surrender the Premises to Landlord on expiration or five (25) days after termination of the term as required by this Lease or Tenant’s right to possessionparagraph, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlordhold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, upon demandincluding, without limitation, claims made by a succeeding tenant resulting from Tenant's failure to surrender the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 1 contract

Samples: Lease (Digital Microwave Corp /De/)

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans keys for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, and exclusive possession of the Premises to Landlord broom clean, clean and in good order, first-class condition and repair, ordinary with all interior walls clean, repaired and in good condition normal wear and tear excepted (and casualty damage excepted if this Lease is terminated as a result thereof pursuant to Section 18), in the configuration shown in Exhibit B, except as may be subsequently modified by fire Landlord consent to alterations, with all of Tenant’s personal property (and those items, if any, of Tenant Changes identified by Landlord pursuant to Section 12.2 below) removed there from and all damage caused by such removal repaired, as required pursuant to Sections 12.2 and 12.3 below. Normal wear and tear shall not include any damage or other casualty which Landlord is obligated to repair hereunder excepteddeterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. If If, for any reason, Tenant fails to remove any of Tenant’s Property within two (2) days after surrender the Premises on the expiration or earlier termination of this Lease or TenantLease, then, in addition to the provisions of Section 9.3 below and Landlord’s right to possessionrights and remedies under Section 12.4 and the other provisions of this Lease, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay indemnify, protect, defend (by counsel approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, upon demandjudgments, suits, causes of action, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and court costs) resulting from such failure to surrender, including, without limitation, any claim made by any succeeding tenant based thereon. The foregoing indemnity shall survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises expiration or storage, within thirty (30) days after notice, Landlord may deem all or any part earlier termination of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlordthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Apache Design Solutions Inc)

Surrender of Premises. At On or before the termination expiration of this Lease or Tenant’s right of possessionthe Term, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to vacate the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord in broom clean condition and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified otherwise in the three preceding clauses, (d) remove the supplemental HVAC units same condition as existed on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repairCommencement Date, ordinary wear and tear and damage fire and casualty loss excepted, except that any improvements made within and on the Premises by Tenant shall remain, in the same condition and repair as when constructed or installed, reasonable wear and tear and fire or other and casualty which loss excepted, unless Landlord is obligated gives Tenant at least thirty (30) days prior written notice, which, if any, of such improvements in the Premises are to repair hereunder exceptedbe removed. If Landlord’s failure to timely give notice to Tenant fails to remove any such improvements shall not relieve Tenant of its obligation to remove any such improvements requested to be removed by Landlord. In addition, Tenant shall remove from the Premises all Tenant’s personal property and trade fixtures in order that Landlord can repossess the Premises on the day this Lease or any extension hereof expires or is sooner terminated. Any removal of Tenant’s Property within two (2) days after termination of this Lease or improvements, Tenant’s right property and/or trade fixtures by Tenant shall be accomplished in a manner which will minimize any damage or injury to possessionthe Premises, Landlord, and any such damage or injury shall be repaired by Tenant at Tenant’s its sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within expense with thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordTenant vacates.

Appears in 1 contract

Samples: Lease Agreement (Elio Motors, Inc.)

Surrender of Premises. At the termination On expiration of this Lease or Tenant’s right within five (5) days after the earlier termination of possessionthe Term, Tenant shall surrender to Landlord the Premises in good condition (a) remove Tenant’s Property from except for ordinary wear and tear, repair and maintenance which is the Premisesobligation of Landlord, (b) remove all alterations and improvements destruction to the Premises or Building made covered by or on behalf of Section 22). Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) shall remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal of any alterations and improvements or Tenant’s personal property within the time periods stated in this paragraph. Landlord may elect to retain or dispose of in any manner any alterations or any of Tenant’s personal property that Tenant does not remove from the Premises on expiration or Building made termination of the term as allowed or required by this Lease by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or any of Tenant’s personal property that Landlord elects to retain or dispose of on behalf expiration of the ten (10) day period shall vest in Landlord. Tenant as requested by waives all claims against Landlord at the time that for any plans for such work are approved by same, (d) repair all damage to Tenant resulting from the initial installation Landlord’s retention or subsequent removal disposition of the items specified in the three preceding clausesany such alterations or any of Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingremoving, and roof openings made by disposing of any alterations or on behalf any of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted’s personal property. If Tenant fails to remove any of Tenant’s Property within two surrender the Premises to Landlord on expiration or five (25) days after termination of the term as required by this Lease or paragraph, Tenant shall indemnify and hold Landlord harmless from all claims, liability and damages resulting from Tenant’s right failure to possessionsurrender the Premises, Landlordincluding, at without limitation, claims made by a succeeding tenant resulting from Tenant’s sole cost and expense, shall be entitled (but not obligated) failure to remove and store Tenant’s Property. Landlord shall not be responsible for surrender the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary repair (reasonable wear and tear tear, permitted Alterations, and damage by fire casualty or other casualty which condemnation excepted), and will surrender all keys to the Premises to Landlord is obligated at the place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of 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 repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to remove Landlord), protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of this Lease Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Surrender of Premises. At 24.1 Upon the expiration or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and peaceably surrender the Premises to LandlordLandlord broom-clean and substantially in the same condition as on the date Tenant took possession, broom clean, and in good order, condition and repair, ordinary except for (a) reasonable wear and tear and damage tear; (b) loss by fire or other casualty which Landlord is obligated casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to repair hereunder exceptedor built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by Tenant, except as directed by Landlord. If Tenant fails shall not be required to remove any leasehold improvements unless (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property within two (2) days after termination of this Lease is removed, Tenant shall promptly repair any damage to the Premises or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, the Building resulting from such removal. Internal floor coating/concrete hardener shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not left in sealed condition, including, without limitation, any areas that may be responsible for the value, preservation or safekeeping damaged by removal of Tenant’s Propertyfixtures. Tenant shall pay LandlordAll interior walls should be left in good condition, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property any holes from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part removal of Tenant’s Property to fixtures must be abandoned and title to Tenant’s Property shall vest in Landlordpatched.

Appears in 1 contract

Samples: Lease (Ecost Com Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a xxxx of sale.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Amedica Corp)

Surrender of Premises. At the termination of this Lease or Tenant’s 's right of possession, Tenant shall (a) remove Tenant’s 's Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear tear, damage by Casualty and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s 's Property within two (2) days 5 Business Days after termination of this Lease or Tenant’s 's right to possession, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s 's Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s 's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s 's Property from the Premises or storage, within thirty (30) 30 days after notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned and title to Tenant’s 's Property shall vest in Landlord. Tenant shall, prior to the expiration of the Term or upon the earlier termination thereof, upon request by Landlord, cause to be performed by a qualified environmental consultant approved by Landlord an inspection of the Lab Space (including visual inspection, xxxxxx counter evaluation, airborne and surface monitoring) to confirm that the Lab Space is free of biological, chemical and radioactive hazards. Tenant shall deliver a copy of the inspection report ("INSPECTION REPORT") to Landlord. If the report is not reasonably satisfactory to Landlord, Landlord shall so notify Tenant, indicating the nature of Landlord's dissatisfaction. Tenant shall be responsible for abating or, at Landlord's election if the Term hereof has expired, paying the cost of abating any condition(s) indicated by Landlord.

Appears in 1 contract

Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property Property, or to restore the Premises to the required condition, within two (2) days after termination of this Lease or Tenant’s right to possession, . Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s PropertyProperty and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Clementia Pharmaceuticals Inc.)

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s 's right of possessionpossession of the Premises, Tenant shall (a) remove Tenant’s 's Property (defined in Article XV) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and, subject to any of Tenant's obligations as described in Articles XVII and XVIII of this Lease, damage by condemnation, fire or other casualty which excepted. Tenant shall also be required to remove the Required Removables in accordance with Article VIII and any Alterations required by Landlord is obligated to repair hereunder exceptedbe removed (or otherwise deemed required by Landlord to be removed) pursuant to Section IX.C of this Lease. If Tenant fails to remove any of Tenant’s 's Property within two (2) 5 days after the termination of this Lease or of Tenant’s 's right to possession, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s 's Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s 's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant's Property. If In addition, if Tenant fails to remove Tenant’s 's Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned abandoned, and title to Tenant’s 's Property shall vest be deemed to be immediately vested in Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Actel Corp)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary repair (reasonable wear and tear tear, permitted Alterations and damage by fire casualty or condemnation excepted), and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of the Tenant Property from the Premises and, if Landlord so requests, all specified Alterations and other casualty which Landlord is obligated improvements Tenant placed on, within the walls or ceilings of or outside the Premises, including the Cabling. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises or Property caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s delay in so surrendering the Premises, including any Claim made by any succeeding occupant founded on such delay. All Tenant Property within two (2) days after termination not removed on or before the last day of this Lease or the Term will be deemed abandoned, and Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) all of such abandoned property and to remove cause its transportation and store storage for Tenant’s Property. benefit, all at the sole cost and risk of Tenant, and Landlord shall will not be responsible liable for the valuedamage, preservation theft, misappropriation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises loss thereof or storage, within thirty (30) days after notice, Landlord may deem all or in any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest manner in Landlordrespect thereto.

Appears in 1 contract

Samples: Project Office Lease Agreement

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any designated Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) 2 days after termination of this Lease or Tenant’s right to possessiontermination, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, storage within thirty (30) 30 days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord. If Tenant fails to remove any of the designated Required Removables by the Expiration Date or perform related repairs in a timely manner, Landlord may perform such work at Tenant’s expense, and Tenant shall be deemed to be in holdover of the Premises pursuant to Section 22 above during the reasonable period of time required for the removal of Tenant’s Property.

Appears in 1 contract

Samples: Office Lease Agreement (Emmaus Life Sciences, Inc.)

Surrender of Premises. At the On expiration or sooner termination of this Lease or Tenant’s right of possessionthe Term, Tenant shall (a) remove surrender to Landlord the Leased Premises and all Tenant’s Property from the Premises, (b) remove all alterations 's improvements and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlordalterations, broom clean, and in good order, condition condition, and repair, except for ordinary wear and tear or condemnation or destruction of the Leased Premises, and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If except for trade fixtures that Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertyhas removed. Tenant shall pay also deliver to Landlord all keys to the Leased Premises and the combination to any safe, remove all its personal property, and make all repairs and reimbursements required pursuant to this Lease; provided, however, Tenant may not remove its personal property from the Leased Premises without Landlord's prior written consent, upon demand, the expenses and storage charges incurredif Tenant is in breach or default hereunder. If Landlord may elect to retain or dispose of in any manner any unapproved alterations or Tenant's personal property that Tenant fails to does not remove Tenant’s Property from the Premises on expiration or storage, within thirty (30) days termination of the Term. Title to any such unapproved alterations or Tenant's personal property that Landlord elects to retain or dispose of after notice, Landlord may deem all or any part expiration of Tenant’s Property to be abandoned and title to Tenant’s Property the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such unapproved alterations or personal property. Tenant shall be liable to Landlord for Landlord's costs of storing, removing, and disposing of any unapproved alterations or Tenant's personal property which Landlord does not elect to acquire.

Appears in 1 contract

Samples: Netcenter Full Service Office Lease (Portfolio Recovery Associates Inc)

Surrender of Premises. At On the Termination Date or earlier termination of this Lease or Tenant’s right of possessionpossession of the Premises, and subject to the terms and provisions of Section 9.04 above, Tenant shall (a) remove all of Tenant’s Property and Required Removables from the Premises, (b) remove all alterations Premises and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, clean and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after or Required Removables or to restore the Premises to the required condition on the Termination Date or earlier termination of this Lease or Tenant’s right to possession, then Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s PropertyProperty and Required Removables and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s PropertyProperty or Required Removables. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property and Required Removables from the Premises or storage, storage within thirty ten (3010) days after notice, then Landlord may deem all or any part of Tenant’s Property and Required Removables to be abandoned and and, at Landlord’s option, title to Tenant’s Property and Required Removables shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property and Required Removables in any manner Landlord deems appropriate. Notwithstanding the foregoing, Landlord shall not be obligated to store any Required Removables that are not practicable to be stored and instead may be removed or otherwise demolished by Landlord if they are not timely removed from the Premises by Tenant pursuant to the foregoing provisions.

Appears in 1 contract

Samples: Office Lease Agreement (Butterfly Network, Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Landlord is obligated shall notify Tenant in writing at the time of Landlord’s approval of Tenant’s Plans (defined in the Work Letter) or at the time of approval of plans submitted to repair hereunder exceptedLandlord by Tenant in connection with Alterations whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations or Cable in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Surrender of Premises. At 24.1. Upon the expiration or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and peaceably surrender the Premises to Landlord, broom clean, Landlord broom-clean and in good orderthe same condition as on the date Tenant took possession, condition and repair, ordinary except for (a) reasonable wear and tear and damage tear; (b) loss by fire or other casualty which Landlord is obligated casualty; and (c) loss by condemnation. All fixtures, improvements, and appurtenances attached to repair hereunder exceptedor built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by Tenant, except as directed by Landlord. If Tenant fails shall not be required to remove any leasehold improvements unless (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property within two (2) days after termination of this Lease is removed, Tenant shall promptly repair any damage to the Premises or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, the Building resulting from such removal. Internal floor coating/concrete hardener shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not left in sealed condition, including, without limitation, any areas that may be responsible for the value, preservation or safekeeping damaged by removal of Tenant’s Propertyfixtures. Tenant shall pay LandlordAll interior walls should be left in good condition, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property any holes from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part removal of Tenant’s Property to fixtures must be abandoned and title to Tenant’s Property shall vest in Landlordpatched.

Appears in 1 contract

Samples: Universal Power Group Inc.

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) have no obligation to remove Tenant’s Property from the Premisesany alterations, (b) remove all alterations and improvements additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or Building early termination of the Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the Premises. Tenant which were not consented shall surrender to by Landlord the Premises and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, additions thereto broom clean, clean and in good order, repair and condition and repair, (except for ordinary wear and tear tear). Tenant shall remove all personal property and damage trade fixtures prior to the Landlord’s Initials Tenant’s Initials expiration of the Term, including any signs, notices and displays placed by fire or other casualty which Landlord is obligated to repair hereunder exceptedTenant. If Tenant fails to remove any shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant’s Property within two (2) days after personal property or trade fixtures prior to the expiration or termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s PropertyLease. Tenant shall pay Landlordhave no obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, upon demandin any manner, the expenses and storage charges incurred. If any alterations, utility installations, trade fixtures or personal property that Tenant fails to does not remove Tenant’s Property from the Premises on expiration or storagetermination of the Lease term as allowed or required by this Lease. Title to any such alterations, within thirty (30) days after noticeutility installations, trade fixtures or personal property that Landlord may deem all elects to retain or any part dispose of Tenant’s Property to be abandoned and title to Tenant’s Property on expiration of the Lease term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations, utility installations, trade fixtures or personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing and disposing of any alterations, utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in such alterations, utility installations, trade fixtures or personal property.

Appears in 1 contract

Samples: Lease (Appfolio Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, Tenant’s Improvements, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord is obligated to repair hereunder exceptedat the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. If Tenant fails does not surrender the Premises in accordance with this section, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claims resulting from Tenant’s delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires, all Alterations made by Tenant to the Premises (but only to the extent Landlord notified Tenant to remove any of such Alterations at the time Landlord approved the same, as more fully set forth herein). In no event shall Tenant be required to remove the initial Tenant’s Property within two (2) days after Improvements at the expiration or earlier termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, the Lease. Further Tenant shall be entitled (but not obligated) to remove remove, replace and store Tenant’s Property. Landlord shall not be responsible for substitute the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property following items from the Premises or storage, within thirty at any time during the term of this Lease: (30i) days after notice, Landlord may deem all or any part access and security systems and related gear and (ii) all other personal property of Tenant’s Property , including furniture, fixtures and equipment (collectively, the “Tenant Personalty”). Tenant will promptly repair any damage to be abandoned the Premises caused by the removal of such Alterations and title to Tenant’s Property shall vest in LandlordTenant Personalty. All property of Tenant not removed on or before the last day of the Term (including the Tenant Personalty) is deemed abandoned.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any designated Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possessiontermination, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, storage within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord. If Tenant fails to remove any of the designated Required Removables by the Expiration Date or perform related repairs in a timely manner, Landlord may perform such work at Tenant’s expense, and Tenant shall be deemed to be in holdover of the Premises pursuant to Section 23 above during the reasonable period of time required for the removal of Tenant’s Property.

Appears in 1 contract

Samples: Office Lease Agreement (SI-BONE, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any and all Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possessionpossession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and and/or store Tenant’s PropertyProperty and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, Landlord the reasonable expenses and storage charges incurred. If Tenant fails to remove TenantTxxxxx’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Txxxxx’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Third Harmonic Bio, Inc.)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord is obligated at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of 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 (including any cabling installed in the Premises) from the Premises and, if Landlord so requires, all specified Alterations and improvements Tenant placed on the Premises and the Existing Furniture, Cubicles and Equipment. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of this Lease Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Digital River Inc /De)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 22 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s PropertyProperty pursuant to law. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If All such property not retaken from storage by Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after noticesuch property has been placed in storage, may, at Landlord's option, be sold by Landlord with any proceeds applied toward any amount owed by Tenant under this Lease, or Landlord may deem all or any part of Tenant’s Property donate the property to be abandoned and title to Tenant’s Property shall vest in Landlordcharity if the donation is a commercially reasonable alternative.

Appears in 1 contract

Samples: Office Lease Agreement (Clearone Communications Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire insured casualty or other casualty which condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord is obligated at the place then fixed for Tenant's payment of Basic Rent. Tenant will also inform Landlord of 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 so requests. all Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. Any and all such property not removed by Tenant. at Landlord's option. becomes Landlord's exclusive property and Landlord may dispose of such property at Tenant's sole cost and expense without further notice to or demand upon Tenant. If Tenant fails to remove does not surrender the Premises in accordance with this Section, Tenant will indemnify, defend, protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession's delay in so surrendering the Premises, Landlordincluding, at Tenant’s sole cost and expensewithout limitation, shall be entitled (but not obligated) to remove and store Tenant’s Propertyany Claim made by any succeeding occupant founded on such delay. Landlord shall not be responsible Except for the valueAntennae as hereafter provided, preservation all property of Tenant not removed on or safekeeping before the last day of Tenant’s Propertythe Term is deemed abandoned. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within Within thirty (30) days after noticethe expiration of the Term, Tenant shall be permitted access to the roof of the Building in order to remove the Antennae as provided in Section 6.1.8 hereof, but if not then removed, the Antennae shall be deemed abandoned. Tenant appoints Landlord may deem as Tenant's agent to remove, at Tenant's sole cost and expense, all or any part of Tenant’s Property 's property from the Premises upon termination of this Lease (except as aforesaid in respect to the Antennae) and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Multitenant Office Deed of Lease Agreement (Sm&a Corp)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”) provided that Landlord is obligated identifies such Special Installations by written notice to repair hereunder exceptedTenant at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) days 2 Business Days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned and title may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises as provided above) shall be removed by Tenant within 2 Business Days after the termination of this Lease. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any and all Required Removables from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possessionpossession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and and/or store Tenant’s PropertyProperty and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Jaguar Animal Health, Inc.)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord is obligated at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, remaining in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requests, except as otherwise expressly provided in this Lease, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of this Lease Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

Surrender of Premises. At the expiration or earlier termination of this Lease or Xxxxxx’s right of possession hereunder, Tenant shall remove all Tenant’s Property from the Premises, remove all Required Removables (if any) under Section 8.03, remove all non-building standard signage installed by or on behalf of Tenant (excluding Tenant’s Elevator Bank Signage, which shall be removed by Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingpossession hereunder ), and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear and tear, damage by fire casualty or other casualty the acts of Landlord, and matters for which Landlord Xxxxxxxx is responsible under this Lease, excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables or signage that Tenant is obligated to repair hereunder exceptedremove hereunder. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two twenty (220) days after any earlier termination of this Lease or TenantXxxxxx’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove TenantXxxxxx’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to 24 Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Xxxxxx’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

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Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the 739237752.8 19 Premises to LandlordLandlord in the same condition as existing on the Rent Commencement Date, free of Hazardous Materials not existing as of the Commencement Date, which was brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (collectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and damage casualty excepted. In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay for or reimburse Landlord, as applicable, for any damage, expense or loss suffered by fire Landlord in connection with Tenant’s removal of Tenant’s Property or other casualty which Landlord is obligated to repair hereunder exceptedapproved Alterations, if applicable. If Tenant fails to remove any of Tenant’s Property within two thirty (230) days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Property. If In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage, as the case may be, within thirty (30) days after noticeNotice, Landlord may deem all or any part of Tenant’s Property to be abandoned abandoned, and title to Tenant’s Property shall vest be deemed to be immediately vested in Landlord. At least two (2) months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the preceding paragraph. 739237752.8 20 Tenant acknowledges and agrees that, notwithstanding anything to the contrary in this Lease, Tenant shall (at Tenant’s sole cost and expense) demolish and improve (i) the area depicted on Exhibit F attached hereto located within the Building and (ii) all equipment platforms installed by Tenant in the Premises after the date of this Lease, in each case with industry standard warehouse finishes as reasonably agreed to by Landlord and Tenant (collectively, the “Restoration Work”) at some point in time, determined by Tenant in its sole discretion upon 30 days prior written notice to Landlord (the “Restoration Work Commencement Notice”), prior to the termination or earlier expiration of the Lease, as more particularly set forth in the final paragraph of this Section 21. Tenant acknowledges that, upon the expiration of the Term of the Lease, the Restoration Work shall become the property of Landlord and may not be removed by Tenant. The Restoration Work shall be treated as Alterations and shall be undertaken pursuant to Section 5 of this Lease. The contractor for the Restoration Work shall be selected by Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of the Restoration Work, Tenant shall deliver to Landlord a copy of any contract with Tenant’s contractors, and certificates of insurance from any contractor performing any part of the Restoration Work evidencing industry standard commercial general liability, automotive liability, “builder’s risk”, and workers’ compensation insurance. Tenant shall cause the general contractor to provide a certificate of insurance naming Landlord, Alexandria Real Estate Equities, Inc., and Landlord’s then current Mortgagee (if any) as additional insureds for the general contractor’s liability coverages required above. Upon completion of the Restoration Work, Tenant shall deliver to Landlord the following items: (i) sworn statements setting forth the names of all contractors and subcontractors who did work on the Restoration Work, as applicable, and final lien waivers from all such contractors and subcontractors; and (ii) hard copy and electronic “as built” plans for the Restoration Work, as applicable. Notwithstanding the foregoing, in lieu of Tenant performing the Restoration Work as described above, Landlord may at any time elect by delivery of written notice to Tenant to have Tenant pay to Landlord, at the expiration or earlier termination of the Term, an amount equal to the amount required to complete the Restoration Work, as reasonably determined by Tenant’s general contractor and reasonably approved by Landlord, provided, however, Landlord shall have the right to reasonably approve the architect, the plans and specifications, and the general contractor, pursuant to which such amount is determined (such Landlord-approved amount being the “Restoration Work Payment Amount”). In the event Tenant delivers a Restoration Work Commencement Notice, Tenant shall not commence the Restoration Work until Tenant receives a written response from Landlord electing either that (x) Tenant may commence the Restoration Work or (y) Tenant shall pay to Landlord the amount described in this paragraph in lieu of completing the Restoration Work. If Landlord does not provide such an election within 15 days following Landlord’s receipt of the Restoration Work Commencement Notice, then Tenant may provide Landlord with a second written notice stating in bold and all caps 12 point font that Landlord’s failure to make an election provided in this paragraph within 15 days after Landlord’s receipt of the second notice shall be deemed Landlord’s election that Tenant may either (i) commence the Restoration Work or (ii) pay to Landlord the Restoration Work Payment Amount after the determination thereof.

Appears in 1 contract

Samples: Lease Agreement (Quidel Corp /De/)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Surrender of Premises. At the On expiration or termination of this Lease or Tenant’s right of possessionthe Term, Tenant shall (a) remove surrender to Landlord the Premises and all Tenant’s Property from the Premises, (b) remove all improvements and alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repaircondition, ordinary wear and tear excepted, Tenant shall remove all its personal property within the above stated time. Tenant shall immediately perform all restoration made necessary by the removal of any alterations or Tenant’s personal property. Landlord can elect to retain or dispose of in any manner any alterations or Tenant’s personal property that Tenant does not remove from the Premises on expiration or termination of the Term as allowed or required by this Lease by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or Tenant’s personal property that Landlord elects to retain or dispose of upon expiration of such 10-day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing, and damage by fire disposing of any alterations or other casualty which Landlord is obligated to repair hereunder exceptedTenant’s personal property. If Tenant fails to remove any of Tenant’s Property within two surrender the Premises to Landlord on expiration or ten (210) days after termination of the Term as required by this Lease or Section, Tenant shall hold Landlord harmless from all damages resulting from Tenant’s right failure to possessionsurrender the Premises, Landlordincluding, at without limitation, claims made by a succeeding tenant resulting from Tenant’s sole cost and expense, shall be entitled (but not obligated) failure to remove and store Tenant’s Property. Landlord shall not be responsible for surrender the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 1 contract

Samples: Lease Agreement (Whole Living Inc)

Surrender of Premises. At Upon the expiration of the Term, or sooner ---------------------- termination of this Lease or Tenant’s right of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender to Landlord the Premises to LandlordPremises, broom clean, and in good orderorder and condition, condition and repair, ordinary normal wear and tear and damage by fire or and other casualty which Landlord is obligated to repair hereunder excepted. If All leasehold improvements and other fixtures, such as light fixtures and HVAC equipment, wall coverings, carpeting and drapes, in or serving the Premises, whether installed by Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but Landlord's property and shall remain, all without compensation, allowance or credit to Tenant. Any property not obligated) removed shall be deemed to remove have been abandoned by Tenant and store may be retained or disposed of by Landlord at Tenant’s Property'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 Landlord shall not be responsible liable for the value, preservation preservation, or 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 of sale without payment by Landlord. The Tenant hereby waivex xx the maximum extent allowable the benefit of all laws now or hereafter in force in this state or elsewhere exempting property from liability for rent or for debt. Tenant’s Property's Liebert air cooling unit presently located on the Premises shall be deemed to be equipment owned by Tenant, and not a leasehold improvement or fixture. Tenant shall pay Landlordshall, upon demand, the expenses and storage charges incurred. If Tenant fails termination of the Lease with respect to remove Tenant’s Property from that portion of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or where such Liebert unit is located remove such Liebert unit and repair any part of Tenant’s Property damage to be abandoned and title to Tenant’s Property shall vest in Landlordthe Premises caused by such removal.

Appears in 1 contract

Samples: Office Lease (St Mary Land & Exploration Co)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property and any Specialty Alterations from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in as good order, condition and repairrepair as on the Rent Commencement Date, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property or Specialty Alterations, or to restore the Premises to the required condition, within two five (25) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s PropertyProperty and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Bridgeline Software, Inc.)

Surrender of Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, and all of the Furniture, in the same condition as received (e.g., the Premises upon completion of the Landlord’s Work), or first installed or delivered, subject to the terms of Paragraphs 21 and 39 and this Paragraph 24, subject to normal wear and tear and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (however, Landlord shall be entitled to charge Tenant for such repairs and replacements pursuant to Paragraph 3). Tenant shall, upon the termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations personal property, movable furniture, trade fixtures and improvements equipment belonging to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost cost, provided that Tenant repairs any damage caused by such removal. Property which Tenant is not required to and expensedoes not so remove shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord, excluding any intellectual property rights. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Paragraph 6, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall be entitled (but not obligated) to remove work a merger, and store Tenant’s Property. Landlord shall not be responsible for shall, at the value, preservation or safekeeping option of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem terminate all or any part existing subleases or subtenancies, or may, at the option of Tenant’s Property Landlord, operate as an assignment to be abandoned and title to Tenant’s Property shall vest in Landlordit of any or all such subleases or subtenancies.

Appears in 1 contract

Samples: Lease Agreement (Audience Inc)

Surrender of Premises. (a) At the end of the term or any renewal thereof or other sooner termination of this Lease, the Tenant will peaceably deliver up to the Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions as received or first installed, ordinary wear and tear, damage by fire, earthquake, act of God or the elements alone excepted. Tenant shall, upon the termination of this Lease or Lease, remove all movable furniture and equipment belonging to Tenant’s right , at Tenant's sole cost, title to which shall be in name of possessionTenant until such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Upon request by Landlord, Tenant shall (a) remove remove, at Tenant’s Property from the Premises's sole cost, (b) remove any or all alterations and permanent improvements or additions to the Premises or Building made installed by or on behalf for the account of Tenant and all movable furniture and equipment belonging to Tenant which were not consented may be left by Tenant and Tenant shall repair any damage resulting from such removal and restore the Premises to by Landlord its original condition. Any and all property which are requested by Landlord Tenant fails to be removed, (c) remove all alterations and improvements to from the Premises or the Building made upon termination of this Lease may be handled, removed and stored by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by samedirection of Landlord, (d) repair all damage resulting from at the initial installation or subsequent removal of the items specified in the three preceding clausessole risk, (d) remove the supplemental HVAC units on the roof cost and close all floor, ceiling, and roof openings made by or on behalf expense of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay to Landlord, upon demand, the any and all expenses incurred in such removal and all storage charges incurred. If Tenant fails to remove Tenant’s Property from against such property so long as the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to same shall be abandoned and title to Tenant’s Property shall vest in Landlord's possession or under Landlord's control.

Appears in 1 contract

Samples: The Lease (Logisticare Inc)

Surrender of Premises. At the termination On expiration of this Lease or Tenant’s right within five (5) days after the earlier termination of possessionthe Term, Tenant shall surrender to Landlord the Premises in good condition (a) remove Tenant’s Property from except for ordinary wear and tear, repair and maintenance which is the Premisesobligation of Landlord, (b) remove all alterations and improvements destruction to the Premises or Building made covered by or on behalf of Section 22). Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) shall remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal of any alterations and improvements or Tenant’s personal property within the time periods stated in this paragraph. Landlord may elect to retain or dispose of in any manner any alterations or any of Tenant’s personal property that Tenant does not remove from the Premises on expiration or Building made termination of the term as allowed or required by this Lease by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or any of Tenant’s personal property that Landlord elects to retain or dispose of on behalf expiration of the ten (10)-day period shall vest in Landlord. Tenant as requested by waives all claims against Landlord at the time that for any plans for such work are approved by same, (d) repair all damage to Tenant resulting from the initial installation Landlord’s retention or subsequent removal disposition of the items specified in the three preceding clausesany such alterations or any of Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingremoving, and roof openings made by disposing of any alterations or on behalf any of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted’s personal property. If Tenant fails to remove any of Tenant’s Property within two surrender the Premises to Landlord on expiration or five (25) days after termination of the term as required by this Lease or paragraph, Tenant shall indemnify and hold Landlord harmless from all claims, liability and damages resulting from Tenant’s right failure to possessionsurrender the Premises, Landlordincluding, at without limitation, claims made by a succeeding tenant resulting from Tenant’s sole cost and expense, shall be entitled (but not obligated) failure to remove and store Tenant’s Property. Landlord shall not be responsible for surrender the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in LandlordPremises.

Appears in 1 contract

Samples: Standard Lease Agreement (Health Net Inc)

Surrender of Premises. At By taking possession of the Premises, subject to Landlord’s performance of its obligations under Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in good order, condition and repair, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by fire or other casualty which Landlord is obligated to repair hereunder exceptedthe removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within two (2) days after expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease or Tenant’s right Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possessionLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove attorneys’ fees and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails give written notice to remove Tenant’s Property from the Premises or storage, within Landlord at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property failure to be abandoned and title to give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s Property vacating the Premises shall vest in Landlordconclusively be deemed correct for purposes of determining Tenant’s responsibility for removal of Alterations and repairs and restoration of the Premises.]

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

Surrender of Premises. At Except for changes resulting from eminent 'domain proceedings, at the expiration or sooner termination of this the Lease or Tenant’s right of possessionTerm, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlordin the same condition as the Premises were in upon delivery of possession thereto under this Lease, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear and damage by fire or other due to casualty which excepted, and shall surrender all keys for the Premises to Landlord is obligated to repair hereunder exceptedat 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 Premises. If Tenant fails to shall at such time remove any all of Tenant’s Property within two (2) days after termination 's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory, machinery, and other personal property, and shall repair any damage to the Premises caused thereby. Any or all of this Lease such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or Tenant’s right to possession, be disposed of by Landlord, at Tenant’s 's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.1. In the event Tenant shall be entitled (but not obligated) fail to remove pay the cost of any such repair, Landlord may do so and store Tenant’s Property. Tenant shall reimburse Landlord shall not be responsible for the value, preservation or safekeeping amount thereof within five (5) days after receipt of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurreda xxxx therefore. If Tenant fails to remove Tenant’s Property shall not so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or storage, within thirty (30) days after notice, Landlord may deem all perform this covenant shall survive the expiration or any part other termination of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlordthe Lease Term.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, Casualty and Taking excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will at such time remove all of Tenant’s Personal Property from the Property and the “boom room” in accordance with Section 8.3. Tenant will promptly repair any damage to the Premises or the Property caused by fire such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Property. To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against any Claims resulting from Tenant’s failure or other casualty which delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claims 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 is obligated to repair hereunder excepted. If may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to remove pay the storage charges therefor Landlord may cause such property to be sold or otherwise disposed of without further obligation or any of accounting to Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall will not be responsible liable for the valuedamage, preservation theft, misappropriation or safekeeping loss of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises any such property or storage, within thirty (30) days after notice, Landlord may deem all or in any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest other manner in Landlordrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Fender Musical Instruments Corp)

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to keys for the Premises or Building made by or on behalf and exclusive possession of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, Landlord broom clean, clean and in good order, condition and repair, ordinary reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by fire or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is obligated pursuant to repair hereunder exceptedSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant fails to remove any of Tenant’s Property within two (2) days after by the expiration or sooner termination of this Lease or Tenant’s right all of its personal property and Alterations identified by Landlord for removal pursuant to possessionSection 13.2, LandlordLandlord may (without liability to Tenant for loss thereof), at Tenant’s sole cost and expensein addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant’s Property, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlordsuch items), upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and title paid to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a xxxx of sale.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)

Surrender of Premises. At On the expiration of the Term or sooner termination of this Lease, Tenant shall, at Tenant's own cost, (a) promptly and peaceably surrender the Premises to Landlord "broom clean," in good order and condition; (b) repair any damage to the Shopping Center caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, patch and paint in a good and workmanlike manner satisfactorily to Landlord all holes and other marks in the floors, walls and ceilings of the Premises; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord's prior written consent if such removal will impair the structure of the Shopping Center or if Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et. seq., of the TTtah Code Arm. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or Tenant’s right otherwise disposed of possessionby Landlord without notice to, and without any obligation to account to, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertyperson. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of Premises shall be effected by Landlord, upon demand, 's acceptance of the expenses and storage charges incurredkeys or of the rent or by any other means without Landlord's written acknowledgement of such acceptance as a surrender. If Tenant fails to remove shall not be released from Tenant’s Property from 's obligations under this Lease in connection with surrender of the Premises or storage, within thirty (30) days after notice, until Landlord may deem all or any part of Tenant’s Property has inspected the Premises and delivered to be abandoned and title to Tenant’s Property shall vest in LandlordTenant a written release.

Appears in 1 contract

Samples: Center Lease Willow Creek Shopping Center (MCT Holding Corp)

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to keys for the Premises or Building made by or on behalf and exclusive possession of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, Landlord broom clean, clean and in good order, condition and repair, ordinary reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by fire or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is obligated pursuant to repair hereunder exceptedSection 13.2, removed therefrom and all damage caused by such removal repaired. Tenant shall have no obligation to remove the initial Tenant Improvements upon the expiration or sooner termination of the Lease. If Tenant fails to remove any of Tenant’s Property within two (2) days after by the expiration or sooner termination of this Lease or Tenant’s right all of its personal property and Alterations identified by Landlord for removal pursuant to possessionSection 13.2, LandlordLandlord may, (without liability to Tenant for loss thereof), at Tenant’s sole cost and expensein addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant’s Property, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlordsuch items), upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and title paid to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: Office Lease (Alteryx, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the PremisesPremises (other than Alterations which Landlord agrees, (b) remove all alterations and improvements or has previously agreed in a binding written notice or agreement, may be surrendered pursuant to the Premises or Building made by or on behalf terms of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingthis Lease), and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good the same order, condition and repairrepair as it was when originally delivered by Landlord to Tenant (whether pursuant to the terms hereof, the Prior Lease or the Sublease Agreement), ordinary wear and tear tear, maintenance expressly required of Landlord by the terms hereof, and damage by fire or other casualty which Landlord is obligated to repair hereunder hereunder, removal and/or remediation of Hazardous Materials (as defined in Exhibit B) introduced to the Premises by Landlord during the Term or for which Tenant is not liable pursuant to the terms and conditions of second paragraph of Article 5 of this Lease, and damage caused by Casualty and Taking excepted. If Tenant fails to remove any of Tenant’s Property within two (2) 2 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) 30 days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Netsuite Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord is obligated at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of 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 removal at the time Landlord approved the Alterations in accordance with Article 8, all such Alterations. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within two (2) days after termination delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of this Lease Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession, Landlordremove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned and title to Tenant’s Property shall vest liable for damage, theft, misappropriation or loss thereof or in Landlordany manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Surrender of Premises. At On the last day, or earlier permitted termination of this the Lease or Tenant’s right of possessionTerm, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted), and shall deliver and surrender the Premises to the Landlord peaceably, together with all alterations, additions and improvement in, to or on the Premises made by Tenant as permitted under the Lease. Prior to the expiration of the Lease Term the Tenant shall remove all of its property, fixtures, equipment and trade fixtures from the Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which Landlord is obligated obligation shall survive the Lease termination and surrender hereinabove provided. Tenant shall be responsible to repair hereunder exceptedand/or replace any portion of the Premises damaged, or which may require restoration occasioned by such removal. If Tenant fails to remove any of Tenant’s Property the Premises be not surrendered within two sixty (260) days after termination the end of this the Lease term, Tenant shall indemnify Landlord against loss or liability resulting from such delay by Tenant in surrendering the Premises, including, without limitation any claims made by any succeeding tenant founded on the delay, provided Tenant is given at least 15 days notice of such Tenant’s right to possession's planned occupancy. Without limiting Tenant's liability as hereinabove referred to, Landlord, at in the event surrender is delayed by Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlordto Landlord a sum equal to one hundred twenty five (125%) percent of the Annual Basic Rent and 100% of the Additional Rent payable monthly prior to the expiration of the Lease Term, upon demand, prorated per diem for the expenses holdover term. All Annual Basic Rent and storage charges incurred. If Tenant fails to remove Tenant’s Property from Additional Rent adjustments and executory covenants as in the Lease provided shall survive the Lease termination and surrender of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlordaccordance with their terms.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

Surrender of Premises. At 35.1. Upon expiration of the Term or within a reasonable period of time after termination of this Lease or Tenant’s right of possessionLease, Tenant shall quit and surrender to Landlord the Premises and all Tenant's Improvements and Alterations in good condition and repair except for: (ai) ordinary wear and tear occurring after the last necessary maintenance made by Tenant; (ii) damage to or destruction of the Premises covered by the Article titled "Destruction" or by the Article titled "Condemnation;" or (iii) Alterations that Tenant has the right to remove or is obligated to remove under the provisions of the Article titled "Alterations." Tenant shall remove all of debris, rubbish, and Tenant’s Property 's personal property from the Premises. Upon such removal, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that shall repair any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof Tenant's Trade Fixtures and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender 's Personal Property. Prior to surrendering the Premises to Landlord, broom cleanTenant shall restore the Premises to a condition substantially similar to the condition of the Premises at the Commencement Date. Failing such, Landlord may so repair the Premises and in good order, condition and repair, ordinary wear and tear and damage charge Tenant for the reasonable costs thereof incurred by fire or other casualty which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, or withhold such costs from any balance of the Security Deposit that may at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertytime remain. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails surrender all keys to remove Tenant’s Property from the Premises to Property Manager or storageto Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, within thirty (30) days after noticesafes and vaults, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest if any, in Landlordthe Premises or, on the Project.

Appears in 1 contract

Samples: Industrial Lease (Lmi Aerospace Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a bxxx of sale.

Appears in 1 contract

Samples: Retail Lease (Alliance Bankshares Corp)

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possessionpossession hereunder, Tenant shall (a) remove all Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made Required Removables (if any) under Section 8.03, remove all non-building standard signage installed by or on behalf of Tenant (excluding Tenant’s Elevator Bank Signage, which were not consented to by Landlord and which are requested by Landlord to shall be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested removed by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation expiration or subsequent removal earlier termination of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceilingthis Lease or Tenant’s right of possession hereunder ), and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear and tear, damage by fire casualty or other casualty the acts of Landlord, and matters for which Landlord is responsible under this Lease, excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables or signage that Tenant is obligated to repair hereunder exceptedremove hereunder. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two twenty (220) days after any earlier termination of this Lease or Tenant’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to [***]Confidential treatment has been requested Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary 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. Tenant will also inform Landlord of 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 so requires and 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 fire 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 other casualty which 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 is obligated to repair hereunder excepted. If may remove all such abandoned property from the Premises and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to remove pay the storage charges therefor Landlord may cause such property to be sold or otherwise disposed of without further obligation or any of accounting to Tenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall will not be responsible liable for the valuedamage, preservation theft, misappropriation or safekeeping loss of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises any such property or storage, within thirty (30) days after notice, Landlord may deem all or in any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest manner in Landlordrespect thereto.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

Surrender of Premises. At By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant Xxxxxx shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in good order, condition and repair, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by fire or other casualty which Landlord is obligated to repair hereunder exceptedthe removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within two (2) days after expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease or Tenant’s right Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possessionLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove attorneys’ fees and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails give written notice to remove Tenant’s Property from the Premises or storage, within Landlord at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Xxxxxx’s vacating the Premises shall conclusively be abandoned and title to deemed correct for purposes of determining Tenant’s Property shall vest in Landlordresponsibility for removal of Alterations and repairs and restoration of the Premises.

Appears in 1 contract

Samples: Lease (Renovis Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements“) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property“ shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant and damage which are specifically designated by fire Landlord and Tenant for removal in writing at or other casualty which Landlord is obligated prior to repair hereunder exceptedthe time of installation (“Special Installations“); and (B) Tenant’s personal property. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) days 5 Business Days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 Business Days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) peaceably quit and surrender to Landlord the Premises to Landlord, broom clean, in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only ordinary wear and tear use and damage by fire or other casualty which Landlord is obligated to for which, under other provisions of this Lease, Tenant has no responsibility of repair hereunder exceptedor restoration. If Tenant fails to shall remove any all of Tenant’s 's Removable Property and, to the extent specified by Landlord, (i) all alterations and additions made by Tenant and all partitions wholly within two the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy, and (2ii) days any wiring, cables or other installations appurtenant thereto for Tenant's computer, telephone and other communication systems and equipment whether located in the Premises or in any other portion of the Building, including all risers. Upon such removal, Tenant shall restore the Premises to their condition prior to such alterations, additions and improvements and shall repair any damages to the Premises or the Building caused by such removal and restoration. 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 deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or Tenant’s right to possession, Landlordmay be disposed of in such manner as Landlord may see fit, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: SmartPros Ltd.

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to keys for the Premises or Building made by or on behalf and exclusive possession of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, Landlord broom clean, clean and in good order, condition and repair, ordinary reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant's personal property, electronic, fiber, phone and data cabling and related equipment that is installed by fire or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is obligated pursuant to repair hereunder exceptedSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant fails to remove any of Tenant’s Property within two (2) days after by the expiration or sooner termination of this Lease or Tenant’s right all of its personal property and Alterations identified by Landlord for removal pursuant to possessionSection 13.2, LandlordLandlord may, (without liability to Tenant for loss thereof), at Tenant’s 's sole cost and expensein addition to Landlord's other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days' prior notice to Tenant’s Property, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlordsuch items), upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and title paid to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Surrender of Premises. At Upon the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove surrender all alterations and improvements to keys for the Premises or Building made by or on behalf and exclusive possession of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, Landlord broom clean, clean and in good order, condition and repair, ordinary reasonable wear and tear tear, Landlord’s obligations, and Casualty damage excepted, with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by fire or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other casualty which applicable Laws) and those items, if any, of Alterations identified by Landlord is obligated pursuant to repair hereunder exceptedSection 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant fails to remove any of Tenant’s Property within two (2) days after by the expiration or sooner termination of this Lease or Tenant’s right all of its personal property and Alterations identified by Landlord for removal pursuant to possessionSection 13.2, LandlordLandlord may, (without liability to Tenant for loss thereof), at Tenant’s sole cost and expensein addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant’s Property, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlordsuch items), upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and title paid to Tenant’s Property shall vest in Landlord.

Appears in 1 contract

Samples: Orchard Supply Hardware Stores Corp

Surrender of Premises. At (a) Upon the termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender possession of the Leased Premises to Landlord, broom clean, and in good orderthe same condition as upon delivery of possession to Tenant hereunder, condition and repair, ordinary normal wear and tear and fire and casualty excepted; provided, however, Tenant shall deliver to Landlord any and all insurance proceeds Tenant receives for damage by fire to its Tenant’s improvements to the Leased Premises. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or other casualty which placed in the Leased Premises and all debris and rubbish, and Tenant shall repair all damage to the Leased Premises resulting from such removal; provided if Tenant is then in default under this Lease, Tenant shall not remove any such item unless Tenant receives written directions from Landlord is obligated to repair hereunder exceptedauthorizing or directing the removal thereof. If Tenant fails to remove any of Tenant’s Property within two (2) days after the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, then Landlord may, after written notice to Tenant, at its sole option, (i) treat Tenant as a holdover, in which event the provisions of this Lease regarding holding over shall apply, (ii) deem any or Tenant’s right to possession, all of such items abandoned and the sole property of Landlord, at Tenant’s sole cost or (iii) remove any and expense, shall be entitled (but not obligated) to remove all such items and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping dispose of Tenant’s Propertysame in any manner. Tenant shall pay LandlordLandlord on demand any and all expenses incurred by Landlord in the removal of such items, upon demandincluding, without limitation, the expenses cost of repairing any damage to the Leased Premises or the Building caused by such removal and storage charges incurredcharges. If Tenant fails (if Landlord elects to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest in Landlordstore such property).

Appears in 1 contract

Samples: Sublease Agreement (Cumberland Pharmaceuticals Inc)

Surrender of Premises. At the expiration or earlier termination of this Lease or TenantXxxxxx’s right of possessionpossession hereunder, Tenant shall (a) remove all Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removedRequired Removables (if any) under Section 8.03, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made signage installed by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables or Tenant’s signage. If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or TenantXxxxxx’s right to possessionpossession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and store Tenant’s PropertyProperty and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay to Landlord, upon demand, the reasonable expenses and storage charges so incurred. If Tenant fails to remove TenantXxxxxx’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and and, at Landlord’s option, title to Tenant’s Property shall vest in LandlordLandlord or Landlord may dispose of Xxxxxx’s Property in any manner Landlord deems appropriate. 20.

Appears in 1 contract

Samples: Lease Agreement (Prime Medicine, Inc.)

Surrender of Premises. At the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender return the Premises to LandlordLandlord in the same condition in which received, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear excepted. Tenant shall remove all personal property trade fixtures, appliances and equipment ("Fixtures"). Where such removal will require structural changes or damage by fire or other casualty to the Premises, Landlord will have the option to have same removed at Tenant's expense and under Landlord's supervision. Tenant shall also remove any and all alterations which Landlord is obligated designates to repair hereunder exceptedbe removed pursuant to Section 10.4 below, and shall restore the Premises to the condition they were in prior to the installation or construction of said alterations. If Tenant has failed to fully pay all amounts due under this lease, Landlord may, at Landlord's option, designate any or all Fixtures paid for by Tenant and installed on the Premises. Landlord's payment in full or in part of any such unpaid amounts, and Tenant shall provide Landlord with a Xxxx of Sale correctly evidence the transfer of ownership. If Tenant fails to remove any of fixture, at Landlord's option, Tenant shall agree to designate and permit Landlord to remove the same at Tenant’s Property 's expense. Tenant shall return all keys to the Landlord within two (2) days after 12 hours following termination of this Lease or pay for the cost of new keys, if the Landlord so requires. Tenant’s 's obligation to perform this covenant shall survive the expiration of termination of this Lease. Landlord may place and maintain "For Lease" signs in conspicuous places on the Premises for 180 days prior to the expiration or early termination of this Lease, and reserves the right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or enter any part of Tenant’s Property the Premises during the same 180-day period to be abandoned and title show the Premises to Tenant’s Property shall vest in Landlordprospective tenants.

Appears in 1 contract

Samples: Commercial Lease (Freei Networks Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s 's right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and damage by fire or other casualty tear." Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the combination of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord's rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s 's Property within two one (21) days day after the termination of this Lease Lease, or Tenant’s 's right to possessionpossession hereunder, Landlord, at Tenant’s 's sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant's Property and store Tenant’s Property. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s 's Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a xxxx of sale.

Appears in 1 contract

Samples: Lease (MRS Fields Financing Co Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Removable Property (defined below) from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building; (B) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. 47 Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for 47 Tenant shall have no obligation to remove any property or equipment owned by Landlord. Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Gainsco Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, permitted Alterations and damage by fire casualty or other casualty which condemnation excepted, and will sin-render all keys to the Premises to Property Manager or to Landlord is obligated at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of 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 so notified Tenant at the time Landlord approved such Alterations) all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to repair hereunder exceptedthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in so surrendering the Premises, 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. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost mad expense, all of Tenant’s Property within two (2) days after 's property from the Premises upon termination of this Lease or and to cause its transportation and storage for Tenant’s right to possession's benefit, Landlord, all at Tenant’s the sole cost and expenserisk of Tenant, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall will not be responsible liable for the valuedamage, preservation theft, misappropriation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises loss thereof or storage, within thirty (30) days after notice, Landlord may deem all or in any part of Tenant’s Property to be abandoned and title to Tenant’s Property shall vest manner in Landlordrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Airspan Networks Inc)

Surrender of Premises. At By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances, but the foregoing shall not release Landlord from liability for completion of Punch List Items or Landlord's repair obligations under this Lease. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in good order, condition and repair, ordinary normal wear and tear and damage by fire or other casualty which Landlord is obligated or eminent domain excepted. Tenant shall remove from the Premises all of Tenant's Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair hereunder exceptedany damage or perform any restoration work required by the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within two (2) days after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease or Tenant’s right Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant in so surrendering the Premises, including, without limitatiox, xxx claims made by any succeeding tenant, losses to possessionLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove attorneys' fees and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails give written notice to remove Tenant’s Property from the Premises or storage, within Landlord at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property 's failure to be abandoned and title to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant’s Property 's vacating the Premises shall vest in Landlord.conclusively be

Appears in 1 contract

Samples: Leapfrog Enterprises Inc

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall (a) remove Tenant’s Property from the Premises, (b) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to LandlordLandlord in the same condition as received on the Commencement Date, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (collectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and damage casualty excepted. In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay for or reimburse Landlord, as applicable, for any damage, expense or loss suffered by fire Landlord in connection with Tenant’s removal of Tenant’s Property or other casualty which Landlord is obligated to repair hereunder exceptedapproved Alterations, if applicable. If Tenant fails to remove any of Tenant’s Property within two thirty (230) days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Property. If In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage, as the case may be, within thirty (30) days after noticeNotice, Landlord may deem all or any part of Tenant’s Property to be abandoned abandoned, and title to Tenant’s Property shall vest be deemed to be immediately vested in Landlord. At least two (2) months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the preceding paragraph.

Appears in 1 contract

Samples: Lease Agreement (Quidel Corp /De/)

Surrender of Premises. At the On termination of this Lease or Tenant’s right of possessionlease, Tenant shall (a) remove Tenant’s Property from surrender to Landlord the Premises, (b) premises and all tenant's improvements and alterations in good condition except as otherwise provided in this lease. Tenant shall remove all alterations and improvements to its personal property within by that time. Tenant shall perform all restoration made necessary by the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made any alterations or tenant's personal property by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to repair hereunder exceptedthat time. If Tenant fails to remove any of Tenant’s Property within two (2) days after surrender the premises to Landlord on termination of this Lease or lease, Tenant shall hold Landlord harmless from all damages resulting from Tenant’s right 's failure to possessionsurrender the premises, Landlordincluding, at without limitation, claims made by a succeeding tenant resulting from Tenant’s sole cost and expense, shall be entitled (but not obligated) 's failure to remove and store Tenant’s Propertysurrender the premises. Landlord shall may elect to retain or dispose of in any manner any alterations or tenant's personal property that Tenant does not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises premises on expiration of this lease, as allowed or storage, within thirty required by this lease by giving at least ten (3010) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and title business days' notice to Tenant’s Property . Title to any such alterations or tenant's personal property that Landlord elects to retain or dispose of on expiration of the ten (10) business day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any alterations or tenant's personal property.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. All improvements to the Premises (collectively, "Leasehold Improvements" shall be owned by Landlord and shall remain upon the Premises with out compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s 's right of o possession, Tenant shall (a) remove Tenant’s 's Removable Property (defined below) from the Premises, (b) remove all alterations Premises and improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term "Tenant's Removable Property" shall mean (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty which portions of the Building (B) any Leasehold improvements that are installed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ("Special Installations"); and (C) Tenant's personal property. Landlord is obligated shall within 10 Business Days after its receipt of (i) the Approved Construction Documents (as defined in the Work Letter attached hereto as Exhibit D) with respect to repair hereunder exceptedthe Landlord Work, and (ii) the plans and specifications with respect to any Alterations, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord's sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises . If Tenant fails to remove any of Tenant’s 's Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) 5 days after the termination of this Lease or of Tenant’s 's right to possession, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s 's Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s 's Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant's Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit maybe applied to offset Landlord's costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s 's Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s 's Removable Property to be abandoned abandoned, and title to Tenant’s 's Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant's Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord's prior written consent (which must be requested by Tenant at least 30 days in Landlordadvance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant's Removable Property. Tenant's possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant's Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant's Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant's Removable Property.

Appears in 1 contract

Samples: Office Lease (Hallmark Financial Services Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall (a) remove Tenant’s Property from will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (b) except those Leasehold Improvements Tenant is required to remove all alterations and improvements pursuant to the Premises or Building made by or on behalf of Tenant which were not consented Section 8 hereof), to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage by fire or other casualty tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within two one (21) days day after the termination of this Lease Lease, or TenantXxxxxx’s right to possessionpossession hereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and and/or store such Tenant’s Property. Property and Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord, upon demand, the any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in LandlordLandlord under this Lease as by a bill of sale.

Appears in 1 contract

Samples: Office Lease Agreement

Surrender of Premises. At Upon the expiration of the Lease Term, or upon any earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall (a) quit and surrender possession of the Premises to Landlord in as good order and condition as when Xxxxxx took possession and as thereafter improved by Xxxxxxxx and/or Tenant, reasonable wear and tear excepted. At such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, Tenant’s Property from and the Premises, (b) remove Required Removables. Tenant shall repair at its own expense all alterations and improvements damage to the Premises or and Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage extent resulting from the initial installation or subsequent such removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender restore the Premises to Landlord, broom clean, and in good order, the same condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated as existed prior to repair hereunder exceptedthe installation of the same. If Tenant fails to remove any of Tenant’s Property complete such removal, repair and restoration within two (2) days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove complete such removal, repair and store Tenant’s Propertyrestoration. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertythe property so removed. Tenant shall pay Landlord, upon demand, as Additional Rent the expenses and storage charges incurredincurred for such property. If In addition, if Tenant fails to remove Tenant’s Property such property from the Premises or storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Property such property to be abandoned abandoned, and title to Tenant’s Property such property shall vest be deemed to be immediately vested in Landlord.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

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