Common use of Surrender of Subleased Premises Clause in Contracts

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 3 contracts

Samples: And Attornment Agreement (Aprisma Management Technologies Inc), Supplemental Agreement (Aprisma Management Technologies Inc), And Attornment Agreement (Cabletron Systems Inc)

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Surrender of Subleased Premises. 6.1. 6.1 On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to Sublessee hereunder or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear and damage by casualty and taking by eminent domain excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed required to remove its personal property or property. Sublessee shall also be required to remove any removable improvements Alterations made by Sublessee at and to restore the Premises to its sole expense that can be removed without damage condition prior to any buildingssuch Alterations, facilities or other improvements provided that, as a condition of granting its consent, Sublessor required Sublessee to the Subleased Premisesremove such Alterations. The Subleased Premises, including the improvements Alterations and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, and if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the reasonable opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements Alterations and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed or required to be removed hereunderhereunder and restore the Premises to its prior condition, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation ’s liabilities under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6

Appears in 2 contracts

Samples: FlexEnergy Green Solutions, Inc., FlexEnergy Green Solutions, Inc.

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises any alterations made by or for the benefit of Subtenant, including all improvements except if Master Landlord has permitted (whether in a Removal Waiver, or pursuant to the Master Lease) such alterations to remain at the Subleased Premises at the end of the Sublease Term. Subtenant shall also remove Subtenant’s personal property and fixtures therein except those the FF&E listed on Exhibit E (as more specifically provided in Exhibit 7Section 3(b) herein). Subtenant shall repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed . If Subtenant fails to remove its personal property or any removable improvements made by Sublessee at its sole expense that can items required to be removed without damage to any buildingsby Subtenant hereunder on or before the Sublease Expiration Date or earlier termination of this Sublease, facilities or other improvements to the Subleased Premises. The Subleased PremisesSublandlord, including the improvements at Subtenant’s sole cost and fixtures thereinexpense, shall be delivered free entitled (but not obligated) to remove, store and/or dispose of such items, and clear Sublandlord shall not be responsible for the value, preservation or safekeeping of all subtenanciesSubtenant’s property. Upon 30 days’ prior written notice from Sublandlord to Subtenant, liens which notice shall include with specificity the removal and encumbrancesrestoration actions to be taken by Sublandlord and the estimated work schedule, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee Subtenant shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and permit Sublandlord access to the Subleased Premises including said improvements on such dates and fixtures. On or before at such times during the sixty (60) days prior to the end of the Sublease termTerm as mutually agreed by Sublandlord and Subtenant in order for Sublandlord to remove, Sublessee shall remove all of Sublessee's personal as and other property allowed to be removed hereunderthe extent required under the Master Lease and at Sublandlord’s sole cost and expense, Sublandlord’s satellite dish and related equipment, data and telecommunications cabling and wiring, and any other improvements (“Restorable Improvements”) as applicable and restore or repair any damages caused thereby, and Subtenant will reasonably cooperate with Sublandlord, at no expense to Subtenant, in such removal, provided that Sublandlord agrees not to interfere with or disrupt Subtenant’s operations during such period and provided further that upon any material interference or disruption of Subtenant’s operations, as reasonably determined by Subtenant, Subtenant may issue a notice of interference to Sublandlord, whereupon Sublandlord shall immediately cease its interference and Subtenant may immediately revoke or restrict Sublandlord’s access to the Subleased Premises until Sublandlord and Subtenant, using good faith and best efforts, coordinate mutually acceptable access rights, subject at all times however to Sublandlord’s continuing right of access in the event of an emergency. Notwithstanding the foregoing to the contrary, in the event Subtenant provides to Sublandlord at any time prior to the commencement of the aforementioned sixty (60) day access period, at Subtenant’s sole cost and expense, a Removal Waiver stating that removal of certain Restorable Improvements identified therein will not be required by the Master Landlord, Sublandlord shall not exercise its access rights with respect to such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability identified Restorable Improvements, nor undertake to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaseremove same.

Appears in 2 contracts

Samples: Lease (ConforMIS Inc), Lease (ConforMIS Inc)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all buildings and improvements and fixtures therein except those listed in Exhibit 7, on the Subleased Premises whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the buildings and improvements and fixtures thereinthereon, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements building and fixturesimprovements. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6 ----------------

Appears in 2 contracts

Samples: Supplemental Agreement (Aprisma Management Technologies Inc), Supplemental Agreement (Aprisma Management Technologies Inc)

Surrender of Subleased Premises. 6.1. On Subject to Section 9 of this Sublease, at the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant (excluding any initial tenant improvements to be substantially completed prior the Start Date if approved by Sublandlord in accordance with the terms of this Sublease), including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed in Exhibit 7(c) repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted; provided, together with all alterationshowever, decorationsthat in no event shall Subtenant have any duty to remove, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or earlier termination of this Sublease, any alterations, improvements, trade fixtures or personal property existing in the Subleased Premises on or before the Start Date. If Subtenant fails to remove any Alterations required to be removed hereunder or Subtenant’s personal property within five (5) days after the termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property. Notwithstanding anything to the contrary contained in this Sublease, conditioned upon Master Landlord’s consent to installation, Subtenant shall have no obligation to remove the eight chemical fume hoods it intends to install.

Appears in 2 contracts

Samples: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before At the end of the Sublease termterm of the Sublease, Sublessee shall remove all of its tangible personal property from the Subleased Premises and shall return the Subleased Premises to Sublessor in the same condition as they were in as of the date of execution of this Sublease, ordinary wear and tear only excepted; provided, however, if the Sublessee at any time obtains the consent in writing of the Lessor and Sublessor to any modifications or improvements of the Subleased Premises proposed by Sublessee, Sublessor and Sublessee may agree that such modifications or improvements may remain as part of the Subleased Premises at the end of the term of the Sublease if and only if the Lessor's consent when granted had expressly authorized in writing such modifications or improvements to remain as part of the Subleased Premises at the end of the term of this Sublease. Sublessee shall have no right to holdover at the Subleased Premises at the end of the term of the Sublease, and, if any such holdover shall occur, Sublessee shall be responsible for any and all damages incurred or sustained by Sublessor and/or the Lessor as a result of such holding over. Any damage caused to the Subleased Premises by the removal of any property of Sublessee therefrom at the end of the term of Sublease or any other time shall be promptly repaired by the Sublessee. The Sublessee shall have the right to continue to occupy the Subleased Premises at the end of the term of the Sublease if, any only if, the Sublessee has obtained such right to occupy the Subleased Premises pursuant to the terms of a written lease by and between Sublessee, as tenant, and Lessor, as landlord, and if Sublessee has complied with all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation obligations under this Article 6 shall survive Sublease as of the expiration or date of termination of this Sublease.

Appears in 1 contract

Samples: Lease Agreement (Innovative Gaming Corp of America)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant, including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed (c) repair any damage to the Subleased Premises caused by such removal, and otherwise quit and surrender the Subleased Premises to Sublandlord in Exhibit 7, whether leased to or otherwise owned the condition required by Sublesseethe Master Lease, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear and damage from casualty excepted. If Subtenant fails to remove any Alterations or Subtenant’s personal property within five (5) days after the termination of this Sublease, together with all alterationsSublandlord, decorationsat Subtenant’s sole cost and expense, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed entitled (but not obligated) to remove its such Alterations or remove, store or dispose of Subtenant’s personal property property. Sublandlord shall not be responsible for the value, preservation or any removable improvements made by Sublessee safekeeping of Subtenant’s personal property. Subtenant shall not be required to remove at its sole expense that can be removed without damage to any buildingsthe expiration of the Sublease term or otherwise, facilities alterations or other improvements to the Subleased Premises. The Subleased Premises, including Premises made by or for the improvements and fixtures therein, shall be delivered free and clear account of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby Sublandlord or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance existing as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this SubleaseStart Date.

Appears in 1 contract

Samples: Sublease (Exelixis, Inc.)

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Bottomline Technologies Inc /De/

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, 18 <PAGE> acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease. ARTICLE 7.

Appears in 1 contract

Samples: www.sec.gov

Surrender of Subleased Premises. 6.1. On 6.1 Subject to the provisions of Sections 6.2 and 6.3, upon the expiration or termination of this Sublease, Sublessee Sublease Redhook shall surrender to Sublessor ADA the Subleased Premises, including all buildings, improvements and fixtures therein except those listed in Exhibit 7, alterations to the real property on the Subleased Premises whether leased to or otherwise owned by SublesseeRedhook, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee Redhook shall be allowed to remove its equipment and other personal property or any removable improvements made by Sublessee Redhook at its sole expense that can be removed without and shall repair or reimburse FDA for the cost of repairs for any damage to the Facility or Subleased Premises resulting from the removal of such property, Redhook shall make any buildings, facilities required reimbursement within thirty (30) days following receipt by Redhook of an invoice from PDA. Redhook shall comply with PDA' s reasonable requirements regarding the appearance of the Subleased Premises after removal of any building improvement or other improvements to the Subleased Premisesproperty. The Subleased Premises, including the any remaining buildings and improvements and fixtures thereinthereon remaining at PDA's request, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by SublessorPDA, and, if requested to do so, Sublessee . Redhook shall execute, acknowledge and deliver to Sublessor PDA such instruments of further assurance as in the opinion of Sublessor PDA are necessary or desirable to confirm or perfect SublessorPDA's right, title and interest in and to the Subleased Premises including said improvements buildings and fixturesimprovements. On or before the end of the Sublease termexpiration or termination of the Sublease, Sublessee Redhook shall remove all of SublesseeRedhook's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee Redhook and may be utilized or disposed of by Sublessor PDA without any liability to SublesseeRedhook. SublesseeRedhook's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Federal Facilities Agreement (Craft Brew Alliance, Inc.)

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Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Baycorp Holdings LTD

Surrender of Subleased Premises. 6.1. On the Upon any expiration or termination of this Sublease------------------------------- Sublease or termination of Sublessee's right of possession of the Subleased Premises, or any part thereof, Sublessee shall surrender to Sublessor and vacate the Subleased PremisesPremises immediately and surrender the Subleased Premises to Sublessor, including all improvements the alterations, additions, improvements, equipment, and fixtures therein except those listed in Exhibit 7requested by Sublessor to remain on the Subleased Premises other than Sublessee moveable trade fixtures, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with shall remove all alterations, decorationsadditions, additions improvements and improvements that may have been made in, fixtures not requested by Sublessor to or remain on the Subleased Premises, except that Sublessee Premises and shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without repair all damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixturescaused by such removal prior to the Expiration Date. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such Any property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive from the Subleased Premises upon expiration or termination hereof shall, subject to the rights of this SubleasePrime Landlord under the Prime Lease, be conclusively presumed to have been abandoned by Sublessee, and Sublessor, or Prime Landlord may, at its option, retain, store and/or dispose of such property at Sublessee's expense. All such property shall, at Sublessor's or Prime Landlord's option, be conclusively deemed to have been conveyed to Sublessor by Sublessee as if by xxxx of sale without payment by Sublessor.

Appears in 1 contract

Samples: Wam Net Inc

Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's ’s obligation under this Article 6 shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Federal Facilities Agreement (Pc Connection Inc)

Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations that are required to be removed pursuant to Section 8 of this Sublease, including all improvements (b) any other improvements, alterations or fixtures in the Subleased Premises that are required to be removed at the expiration of the term of the Master Lease pursuant to the terms therein, and fixtures therein except those listed in Exhibit 7that were installed by or for Subtenant, whether leased and (c) Subtenant’s personal property, including, without limitation, any property that would be considered “Tenant’s Property” pursuant to or otherwise owned by Sublesseethe terms of the Master Lease, and quit and surrender the Subleased Premises to Sublandlord, broom clean clean, and in as good order, condition and repairrepair as received, reasonable ordinary wear and tear exceptedand repairs that are not Subtenant’s responsibility hereunder excepted and otherwise in accordance with the terms of Section 28 of the Master Lease, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed as incorporated herein. If Subtenant fails to remove its personal property any Alterations, Installations, improvements or fixtures that are required to be removed, or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildingsSubtenant’s personal property, facilities or other improvements to within five (5) days after the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations, Installations, Tenant’s Property, improvements and/or fixtures and/or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property.

Appears in 1 contract

Samples: Sublease (DiCE MOLECULES HOLDINGS, LLC)

Surrender of Subleased Premises. 6.1. On Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant shall remove all Subtenant’s goods and effects from the Subleased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by Subtenant, either inside or outside the Subleased Premises and the Transferred Property) and deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and quit and surrender the Subleased Premises to Sublessor Sublandlord in the condition existing as of the Commencement Date, ordinary wear and tear, casualties, condemnation, Hazardous Materials (other than those released or omitted by Subtenant in or about the Subleased Premises) and repairs not Subtenant’s responsibility under this Sublease, excepted. Subtenant will remove any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Subtenant required to be removed by Overlandlord under the Xxxxxxxxx, and Subtenant will fully repair any damage occasioned by the removal of the same. Notwithstanding the foregoing, Subtenant shall not be required to remove any alterations or improvements located in the Subleased Premises as of the Commencement Date, except for the Transferred Property, which Subtenant shall remove as required under the Xxxxxxxxx. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises as required hereunder, Sublandlord and Overlandlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the sole risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or to retain same under Sublandlord’s or Overlandlord’s control or, upon ten (10) days prior written notice to Subtenant (and Subtenant’s failure to pick up such property within such ten (10) day period), to sell at public or private sale, and to apply the net proceeds of such sale to the payment of any sum due hereunder. Without limiting the foregoing or any other provisions herein, if Subtenant fails to surrender the Subleased Premises to Sublandlord upon early termination or expiration of this Sublease as herein required, Subtenant shall pay to Sublandlord on account of use and occupancy of the Subleased Premises for each month or portion thereof during which Subtenant (or anyone claiming by, through or under Subtenant) holds over in the Subleased Premises an amount equal to one hundred fifty percent (150%) of the then current Fixed Rent payable hereunder, or one hundred fifty percent (150%) of the fair market rental for the Subleased Premises, including for the time Tenant remains in possession, plus, in each case all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal Additional Rent and other property allowed to be removed sums payable hereunder, and Subtenant shall indemnify Sublandlord for all loss, cost, damage, expense or injury resulting therefrom, including and increased rental or other damages suffered by Sublandlord as a result of such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublesseeholding over. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.122587131v.1​ ​

Appears in 1 contract

Samples: Sublease (Albireo Pharma, Inc.)

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