Common use of Surrender of Subleased Premises Clause in Contracts

Surrender of Subleased Premises. Subtenant shall at the expiration or other termination of this Sublease remove all Subtenant’s goods and effects from the Subleased Premises. Subtenant shall deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord to be removed, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in the condition required hereunder, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord 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 Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

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Surrender of Subleased Premises. Subtenant shall at Upon the expiration or other termination of this Sublease remove all Subtenant’s goods the Term, Subtenant covenants to quit and effects from the Subleased Premises. Subtenant shall deliver surrender to Sublandlord or Prime Landlord, as the Subleased Premises and all keyscase may be, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord to be removed, in good order and condition, normal the same condition as received ordinary wear and tear and tear, damage by fire or other casualty not caused excepted, and at Subtenant’s expense to shall remove all of its trade fixtures, personal property and all alterations constructed by Subtenant excepted; providedin the Subleased Premises which are required to be removed under the terms of this Sublease or the Prime Lease. Any property not so removed shall be deemed to have been abandoned by Subtenant and may be retained or disposed of at Subtenant’s expense by Sublandlord or Prime Landlord, howeveras either may desire. In addition to the indemnification obligations set forth in the Prime Lease, Sublandlord agrees that Subtenant shall have no obligation to remove pay Sublandlord holdover rent and charges in the amount set forth in Section 8.05 of the Prime Lease for any alterations or additions if, with respect to any given alteration or addition, period from the Expiration Date through the date Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenantsurrenders the Subleased Premises. In additionFor clarification, if Subtenant fails holds over beyond the end of the Term hereof, Subtenant shall owe Sublandlord as rent, an amount equal to surrender the full amount Sublandlord is required to pay Prime Landlord for rental of the Subleased Premises under the Prime Lease, without regard to the rental amounts provided for in Section 2 hereof. Subtenant shall repair any damage to the condition required hereunderSubleased Premises caused by Subtenant’s removal of its personal property, furnishings and equipment. If the Subleased Premises are not so surrendered, then Subtenant shall be liable to Sublandlord shall have the right to cause for all costs incurred by Sublandlord in returning the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premisesrequired condition, Sublandlord and Landlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and plus interest thereon 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 Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such propertyDefault Rate.

Appears in 1 contract

Samples: Agreement of Sublease (Rosetta Resources Inc.)

Surrender of Subleased Premises. Subtenant shall at At the expiration or other earlier termination of this Sublease Sublease, Subtenant shall quit and surrender the Subleased Premises broom clean, in substantially as good condition as it was at the beginning of the Term, reasonable wear and tear excepted, and shall, to the extent not inconsistent with any specific provision of this Sublease, comply with all of the terms and conditions of the Prime Lease regarding surrender of the Premises, provided Subtenant shall not be obligated to remove any Sublandlord’s Work or other additions, alterations, improvements, wiring, or cabling not installed by Subtenant or repair any damage caused by Sublandlord or its agents, contractors, employees, or invitees. Without limitation of any of the foregoing, Subtenant shall on or before the expiration or earlier termination of this Sublease, (a) remove all of Subtenant’s goods personal property and effects from repair any damage caused by such removal; (b) at Sublandlord’s request, remove all additions, alterations, and changes made to the Subleased Premises by or on behalf of Subtenant (other than Sublandlord’s Work) removal of which is required under the Prime Lease and repair any damage caused thereby; and (c) remove all trash and broom sweep the Subleased Premises. If Subtenant shall deliver fail to quit and surrender the Subleased Premises as required, Subtenant shall pay to Sublandlord the Subleased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises, except those alterations and additions that may be required greater of (x) any amounts owed by Landlord or Sublandlord to be removed, Prime Landlord as a result of Subtenant’s holding over and (y) monthly holdover Base Rent equal to 150% of the monthly Base Rent payable in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver the last month of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenantthe Term. In addition, if Subtenant fails shall be liable for any liability of Sublandlord to surrender Prime Landlord to the extent arising from such holding over by Subtenant. If any personal property of Subtenant shall remain in the Subleased Premises in after the condition required hereunderexpiration or earlier termination of this Sublease, at the election of Sublandlord, it shall be deemed to have been abandoned by Subtenant and may be retained by Sublandlord as its own property; or such property may be removed and disposed of by Sublandlord and Subtenant shall have the right be obligated to cause the Subleased Premises to be restored to reimburse Sublandlord for all costs incurred for such condition removal and charge the cost thereof to Subtenantdisposal. In the event of Subtenant’s failure obligation to remove any observe or perform under this Section 15 shall survive the expiration or earlier termination of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord 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 Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such propertythis Sublease.

Appears in 1 contract

Samples: Sublease (Wireless Telecom Group Inc)

Surrender of Subleased Premises. Subtenant shall at the expiration or other termination of this Sublease remove all Subtenant’s goods and effects property from the Subleased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed by Subtenant, either inside or outside the Subleased Premises. Subtenant shall ) and deliver to Sublandlord the Subleased Premises Landlord all keys and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made security passes to or upon the Subleased Premises, except those alterations and additions that may be deliver the Subleased Premises to Landlord in the condition required by Landlord the Xxxxxxxxx upon the expiration or Sublandlord to be removed, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees termination of the term thereof (except that Subtenant shall have no obligation to remove any improvements or alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested existing in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises as of the Commencement Date), and decommissioned in the condition required hereunderaccordance with all applicable federal, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition state and charge the cost thereof to Subtenantlocal laws and regulations. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord Landlord and Landlord 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 SublandlordLandlord’s or LandlordOverlandlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Without limiting the provisions of Section 22(c) of the Xxxxxxxxx as incorporated herein, Subtenant shall indemnify and hold Landlord harmless from and against all damages, costs and expenses suffered or incurred by Landlord on account of Subtenant’s holding over in the Subleased Premises.

Appears in 1 contract

Samples: Sublease (Panacos Pharmaceuticals, Inc.)

Surrender of Subleased Premises. Subtenant shall at Upon the expiration or other earlier termination of this Sublease Sublease, Subtenant, at Subtenant’s sole cost and expense, 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. Subtenant shall ) and deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises, except those alterations Premises and additions that may be required by Landlord or Sublandlord to be removed, in good order quit and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises to Sublandlord in the condition required hereunderfor surrender of the Premises on the expiration date of the Xxxxxxxxx, including, without limitation, perform any required decommissioning of laboratories that are activated by or on behalf of Subtenant and performing any work to close out applicable licenses with government authorities issued to Subtenant for such laboratory space. If and to the extent properly required by Overlandlord in accordance with the Xxxxxxxxx, Subtenant will remove any and all Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Subtenant and Subtenant will fully repair any damage, including any structural damage, occasioned by the removal of the same. Subtenant will have no obligation or liability with respect to removal of any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Sublandlord, it being agreed that Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenantsolely responsible therefor. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord 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 LandlordOverlandlord’s control or to sell at public or private sale, without notice any or all of the Subtenant’s property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Without limiting the foregoing or any other provisions herein, if Subtenant fails to surrender the Subleased Premises to Sublandlord upon early termination 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 aggregate rental (Fixed Rent and any additional rent payable hereunder) payable hereunder for the first and second month of such holdover and two hundred percent (200%) of the aggregate rental (Fixed Rent and any additional rent payable hereunder) after the end of the second month and Subtenant shall indemnify Sublandlord for all loss, cost, damage, expense or injury resulting therefrom which Sublandlord incurs under the Xxxxxxxxx, including any increased rental or other damages paid by Sublandlord under the Xxxxxxxxx as a result of such holding over by Subtenant.

Appears in 1 contract

Samples: Sublease (OvaScience, Inc.)

Surrender of Subleased Premises. Subtenant shall at At the expiration or other earlier termination of this Sublease or Subtenant’s right of possession, Subtenant shall remove all of Subtenant’s goods and effects personal property from the Subleased Premises. Subtenant shall deliver to Sublandlord , and quit and surrender the Subleased Premises and all keysto Sublandlord, locks theretobroom clean, and other fixtures connected therewith and all alterations and additions made to or upon the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord to be removed, in good order order, condition and conditionrepair, normal ordinary wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, howevercasualty, Sublandlord agrees or Master Landlord, and any repairs or replacements that are the obligation of Sublandlord or Master Landlord, excepted. Subtenant shall have no obligation repair all damages to the Subleased Premises resulting from such removal. If Subtenant fails to remove any alterations of the Subtenant’s personal property within five (5) business days after the expiration or additions ifearlier termination of this Sublease or Subtenant’s right of possession, with respect then Sublandlord, at Subtenant’s sole cost and expense, shall be entitled to any given alteration or additionremove Subtenant’s personal property. Subtenant shall pay Sublandlord, Subtenant previously requested in writing a written waiver of such obligation upon demand, the actual, reasonable expenses and charges incurred by Sublandlord to remove Subtenant’s property. Alternatively, Sublandlord may deem all or any part of Subtenant’s personal property to be abandoned and Landlord and Sublandlord and Landlord have delivered such written waiver title to Subtenant’s personal property shall vest in Sublandlord. In additionSubtenant shall pay Sublandlord, if Subtenant fails upon demand, the actual, reasonable costs and expenses incurred by Sublandlord in disposing of any such property. Notwithstanding any of the foregoing, except as provided in Paragraph 2(d), upon expiration or earlier termination of this Sublease, the FF&E shall remain at and be surrendered to surrender Sublandlord with the Subleased Premises in the condition required hereunder, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event under Section 4(f) of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord 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 Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such propertythis Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Trevena Inc)

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Surrender of Subleased Premises. Subtenant shall at Upon the expiration of the term of ------------------------------- this Sublease, or other upon any earlier termination of this Sublease Sublease, Subtenant shall quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the same are now or hereafter may be improved by Landlord or Subtenant, reasonable wear and tear and repairs which are Landlord's obligation excepted, and shall, without expense to Sublandlord, remove all Subtenant’s goods and effects or cause to be removed from the Subleased Premises. Subtenant shall deliver to Sublandlord the Subleased Premises all debris and rubbish, all keysfurniture, locks theretoequipment, business and trade fixtures, freestanding cabinet work, movable partitioning and other fixtures connected therewith and all alterations and additions made to articles of personal property owned by Subtenant of or upon installed or placed by Subtenant at its expense in the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord to be removedall similar articles of any other persons claiming under Subtenant, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation repair all damage to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in resulting from such removal. Upon the condition required hereunderexpiration of this Sublease, or if Sublandlord or Landlord re-enters or re-takes possession of the Subleased Premises prior to the normal expiration of this Sublease, Sublandlord or Landlord shall have the right right, but not the obligation, to cause remove from the Subleased Premises to be restored to such condition and charge the cost thereof all personal property located therein belonging to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and either party may discard such debris, rubbish and personal property or place such personal property in storage in a public warehouse, all at the sole expense and risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or to retain same under Sublandlord’s or Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property.

Appears in 1 contract

Samples: Onesoft Corp

Surrender of Subleased Premises. Subtenant shall at the expiration or other Upon an early termination of this Sublease Sublease, Subtenant shall quit and surrender possession of the Subleased Premises to Sublandlord in as good order and condition as the same are now or hereafter may be improved by Prime Landlord or Subtenant, reasonable wear and tear and repairs which are Prime Landlord’s obligation excepted, and shall, without expense to Sublandlord, remove all Subtenant’s goods and effects or cause to be removed from the Subleased Premises. Subtenant shall deliver to Sublandlord the Subleased Premises all debris and rubbish, all keysfurniture, locks theretoequipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other fixtures connected therewith and all alterations and additions made to articles of personal property owned by Subtenant or upon installed or placed by Subtenant at its expense in the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord to be removedall similar articles of any other persons claiming under Subtenant, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation repair all damage to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in resulting from such removal. If, as a result of a default by Subtenant under this Sublease or any action taken by the condition required hereunderPrime Landlord pursuant to the Prime Lease, Sublandlord or Prime Landlord re-enters or re-takes possession of the Subleased Premises prior to the normal expiration of this Sublease, Sublandlord or Prime Landlord shall have the right right, but not the obligation, to cause remove from the Subleased Premises to be restored to such condition and charge the cost thereof all personal property located therein belonging to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises, Sublandlord and Landlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and either party may discard such debris, rubbish and personal property or place such personal property in storage in a public warehouse, all at the sole reasonable expense and risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or to retain same under Sublandlord’s or Landlord’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property.

Appears in 1 contract

Samples: Sublease (K12 Inc)

Surrender of Subleased Premises. Upon the Termination Date, or upon any earlier termination hereof, Subtenant shall at the expiration or other termination quit and surrender possession of this Sublease remove all Subtenant’s goods and effects from the Subleased Premises. Subtenant shall deliver Premises to Sublandlord in as good order and condition as the Subleased Premises are now or hereafter may be improved by Sublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, leave the portion of the Building Systems located in the Subleased Premises in good operating condition, to the extent within the control of Subtenant, inform Sublandlord of all combinations on locks, safes and vaults, if any, in the Subleased Premises and all keysshall, locks theretowithout expense to Sublandlord or Prime Landlord, and other fixtures connected therewith and all alterations and additions made to remove or upon the Subleased Premises, except those alterations and additions that may be required by Landlord or Sublandlord cause to be removed, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall have no obligation to remove any alterations or additions if, with respect to any given alteration or addition, Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in the condition required hereunder, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property removed from the Subleased Premises, Sublandlord all debris and Landlord are hereby authorizedrubbish, without liability to all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Subtenant for loss or damage theretoinstalled or placed by Subtenant at its expense in the Subleased Premises, and all similar articles of any other persons claiming under Subtenant unless Sublandlord or Prime Landlord exercises its option to have any subleases or subtenancies assigned to Sublandlord or to Prime Landlord if the Prime Lease has then terminated, and Subtenant shall repair all damage to the Subleased Premises and the Building Property resulting from such removal. Prior to surrendering the Subleased Premises, Subtenant shall repair any damage caused by the removal of Subtenant’s property, including Subtenant’s signs, and any Alterations designated in writing by Sublandlord or by Prime Landlord (at the sole risk time of Subtenantplan approval by Sublandlord or Prime Landlord) to be removed, to remove and store any including without limitation, the repair of the property floor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all at Subtenant’s sole cost and expense. As a matter of clarification, or this section shall survive the termination of this Sublease and a breach of this Section 20.2 entitles Sublandlord, after notice and lapse of any applicable cure periods, to retain same under Sublandlord’s or Landlord’s control or to sell at public or private sale, without notice any or all of its remedies hereunder including the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such propertyindemnity under Section 16.1.

Appears in 1 contract

Samples: Place Sublease (New Century Financial Corp)

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