Common use of Surrender Premises Clause in Contracts

Surrender Premises. On or prior to the Surrender Premises Date, Tenant shall, at its sole cost and expense, relocate its fixtures, equipment, and personal property from the Surrender Premises to that portion of the New Premises as is available to Tenant on the Surrender Premises Date. Tenant shall vacate and deliver to Landlord exclusive possession of the Surrender Premises in good order and condition, as required in the Original Lease and herein, not later than the Surrender Premises Date; provided, however, that, notwithstanding anything to the contrary contained in the Original Lease, Tenant shall not be required to remove any Alterations (excluding cabling, which Tenant shall remove on or prior to the Surrender Date) and related equipment (excluding cabling) within the Surrender Premises or to otherwise restore the Surrender Premises to its prior condition. (i) All of the terms, covenants, agreements, and conditions of the Lease shall remain in full force and effect with respect to the Surrender Premises through the Surrender Date. Tenant shall continue to pay all monetary obligations, including, without limitation, Base Rent, Tenant’s Pro Rata Share of Operating Expenses, and any other rent and charges as they may become due and payable under the Lease applicable to the Surrender Premise through and including the Surrender Date. As of 11:59 p.m. on the Surrender Date, the surrender of the Surrender Premises shall be deemed effective and the monetary obligations with respect to the Surrender Premises shall be prorated, billed, and payable in the manner provided in the Lease, in the same manner as would apply if the term of the Lease expired on the Surrender Date with respect to the Surrender Premises. (ii) From and after the Surrender Date, the Lease shall continue in full force and effect for the remainder of the Term, as extended by this Amendment, upon and subject to the terms and provisions of the Lease, including, without limitation, the following modifications of the Lease: The Surrender Premises shall cease to be a part of the Lease and Tenant shall have no right to possession or use of the Surrender Premises or any options or other rights with respect to the Surrender Premises without written consent from Landlord. (iii) Notwithstanding any provision of this Amendment to the contrary, neither this Amendment nor the acceptance by Landlord of the Surrender Premises shall in any way either (1) be deemed to or release Tenant from any obligation or liability with respect to the Surrender Premises (including, without limitation, any obligation or liability under provisions of the Lease to indemnify, defend and hold harmless Landlord or other parties, or with respect to any breach or breaches of the Lease) which obligation or liability (A) first arises or relates to a date on or prior to the date on which Tenant delivers to Landlord possession of the Surrender Premises in the condition required set forth herein or (B) arises out of or is incurred in connection with events or other matters which took place on or prior to such date; or (2) affect any obligation under the Lease which by its terms is to survive the expiration or sooner termination of the Lease.

Surrender Premises. On or prior For purposes of the Surrender Premises Giveback Date Deadline (as defined in the Fifth Amendment), the Surrender Premises (as defined in the Fifth Amendment) shall exclude the Subject Space, such that, from and after the Surrender Premises Giveback Date (as defined in the Fifth Amendment), Tenant shall surrender all of its right, title and interest in and to the Surrender Premises Date, Tenant shall, at its sole cost less and expense, relocate its fixtures, equipment, and personal property from excepting the Subject Space (the Surrender Premises less the Subject Space being herein referred to that portion of as the New Premises as is available to Tenant on the “Modified Surrender Premises Date. Tenant shall vacate and deliver to Landlord exclusive possession of the Surrender Premises in good order and condition, as required in the Original Lease and herein, not later than the Surrender Premises Date; provided, however, that, notwithstanding anything to the contrary contained in the Original Lease, Tenant shall not be required to remove any Alterations (excluding cabling, which Tenant shall remove on or prior to the Surrender Date) and related equipment (excluding cabling) within the Surrender Premises or to otherwise restore the Surrender Premises to its prior condition. (i) All of the terms, covenants, agreements, and conditions of the Lease shall remain in full force and effect with respect to the Surrender Premises through the Surrender DatePremises”). Tenant shall continue to pay all monetary obligations, including, without limitation, Base Rent, Rent and Tenant’s Pro Rata Share of Operating Expenses, and any other rent and charges Expenses as they may become due and payable under the Original Lease applicable to the Surrender Premise through and including Premises (which, for clarification purposes, shall include the Subject Space) up until 11:59 p.m. MST on the Surrender DatePremises Effective Date (as defined in the Fifth Amendment). As of 11:59 p.m. MST on the Surrender DatePremises Effective Date and provided that Tenant delivers exclusive possession of the Modified Surrender Premises to Landlord in the condition required under the Lease, the surrender of the Modified Surrender Premises shall be deemed effective and the monetary obligations with respect to the Surrender Premises shall be prorated, billed, and payable in the manner provided in the Original Lease, in the same manner as would apply if the term Term of the Lease expired on the Surrender Premises Effective Date with respect to the Surrender Premises. (ii) Premises only, unless expressly provided to the contrary in this Amendment, and Tenant shall be released from all of its covenants, duties, debts or obligations whatsoever with respect to the Modified Surrender Premises from and after the Surrender Premises Effective Date, except for those matters specifically provided for in this Amendment and/or which pursuant to the Lease expressly survive its expiration or sooner termination. From and after the Surrender Premises Giveback Date, the Lease shall continue in full force and effect for the remainder of the Term, as extended by this Amendment, upon and subject to the terms and provisions of the Lease, including, without limitation, the following modifications of the Lease: The Modified Surrender Premises shall cease to be a part of the Lease and Tenant shall have no right to possession or use of the Modified Surrender Premises or any options or other rights with respect to the Modified Surrender Premises without written consent from Landlord. (iii) Notwithstanding any provision of this Amendment to the contrary, neither this Amendment nor the acceptance by Landlord . If Tenant delivers exclusive possession of the Modified Surrender Premises shall to Landlord in any way either (1) be deemed to or release Tenant from any obligation or liability with respect the condition required under the Lease prior to the Surrender Premises (includingGiveback Date Deadline, without limitation, any obligation or liability Tenant agrees that there will be no retroactive adjustment under provisions of the Lease to indemnify, defend and hold harmless Landlord or other parties, or with respect to of any breach or breaches of the Lease) which obligation or liability (A) first arises or relates to a date on or sums due hereunder prior to the date on which Tenant delivers to Landlord possession of the Surrender Premises in the condition required set forth herein or (B) arises out of or is incurred in connection with events or other matters which took place on or prior to such date; or (2) affect any obligation under the Lease which by its terms is to survive the expiration or sooner termination of the LeaseGiveback Date.

Surrender Premises. On or prior to 10.1. If, as of the Surrender Premises Expansion Option Termination Date, Tenant shall, at has not exercised its sole cost and expense, relocate its fixtures, equipment, and personal property from the Surrender Premises to that portion of the New Premises as is available to Tenant on the Surrender Premises Date. Tenant shall vacate and deliver to Landlord exclusive possession of the Surrender Premises in good order and condition, as required in the Original Lease and herein, not later than the Surrender Premises Date; provided, however, that, notwithstanding anything to the contrary contained in the Original Lease, Tenant shall not be required to remove any Alterations (excluding cabling, which Tenant shall remove on or prior to the Surrender Date) and related equipment (excluding cabling) within the Surrender Premises or to otherwise restore the Surrender Premises to its prior condition. (i) All of the terms, covenants, agreements, and conditions of the Lease shall remain in full force and effect Expansion Option with respect to the entire first (1st) floor of the 440 Building, then, Landlord shall have the option (but not the obligation) (the “Surrender Option”) to require Tenant to surrender the Corridor Premises through to Landlord by providing Tenant with ninety (90) days prior written notice (the “Surrender Notice”). In the event Landlord provides the Surrender Date. Notice, Tenant shall continue surrender the Corridor Premises to pay all monetary obligations, including, without limitation, Base Rent, Tenant’s Pro Rata Share of Operating Expenses, and any other rent and charges as they may become due and payable under the Lease applicable Landlord prior to the Surrender Premise through and including the Surrender Date. As of 11:59 p.m. Eastern Time on the Surrender day (the “Corridor Premises Expiration Date, the surrender ”) that is ninety (90) days after Landlord’s delivery of the Surrender Premises shall be deemed effective Notice in the condition required by the Lease for, and in accordance with the monetary obligations terms of the Lease with respect to, surrendering Premises, including Section 19.2 of the Lease (collectively, the “Surrender Requirements”). The Term of the Lease with respect to the Corridor Premises only shall expire on the Corridor Premises Expiration Date. Commencing on the later of (q) the Corridor Premises Expiration Date and (r) the day (the “Surrender Effective Date”) that Tenant actually surrenders the Corridor Premises to Landlord in accordance with the Surrender Requirements, (y) the Lease with respect to the Corridor Premises only shall be proratedterminate and neither Landlord nor Tenant shall have any further obligations or liabilities to the other under the Lease with respect to the Corridor Premises, billed, except for (i) such obligations or liabilities that expressly survive the expiration or termination of the Lease and payable in (ii) Landlord’s rights to any unpaid balance of Tenant and (z) the manner provided term “Premises,” as defined in the Lease, in shall no longer include the same manner as would apply if the term of the Lease expired on the Surrender Date with respect to the Surrender Corridor Premises. (ii) From and after 10.2. In addition, in the event Landlord exercises the Surrender DateOption, Tenant shall be responsible for paying the Lease shall continue in full force reasonable out-of-pocket costs and effect for expenses actually incurred by Landlord to (a) design and construct any additional ingress or egress pathways in, to or from the remainder 440 Building that are required by any Applicable Law and related to Tenant’s occupancy of the TermInitial 440 Expansion Premises, as extended by this Amendment, upon (b) procure and subject install either (in Landlord’s sole discretion) a separate electric meter or an electric submeter to measure the electricity supplied to the terms and provisions first (1st) floor of the Lease440 Building and (c) demolish any improvements installed in the Corridor Premises by or on behalf of Tenant (including the Corridor Improvements) and restore the Corridor Premises to substantially the same condition it was in prior to installation of any improvements installed in the Corridor Premises by or on behalf of Tenant (including the Corridor Improvements), including, without limitation, the following modifications of the Lease: The Surrender Premises and in each case shall cease to be a part of the Lease pay Landlord for such reasonable out-of-pocket costs and Tenant shall have no right to possession or use of the Surrender Premises or any options or other rights with respect to the Surrender Premises without written consent from Landlord. (iii) Notwithstanding any provision of this Amendment to the contrary, neither this Amendment nor the acceptance expenses actually incurred by Landlord of the Surrender Premises shall in any way either (1) be deemed to or release Tenant from any obligation or liability with respect to the Surrender Premises (including, without limitation, any obligation or liability under provisions of the Lease to indemnify, defend and hold harmless Landlord or other parties, or with respect to any breach or breaches of the Lease) which obligation or liability (A) first arises or relates to a date on or prior to the date on which Tenant delivers to Landlord possession of the Surrender Premises in the condition required set forth herein or (B) arises out of or is incurred in connection with events or other matters which took place on or prior to such date; or (2) affect any obligation under the Lease which by its terms is to survive the expiration or sooner termination of the Leaseupon Landlord’s demand.

Surrender Premises. On or prior to Not later than the Surrender Premises DateGiveback Date Deadline, Tenant shall, at its sole cost and expense, relocate its fixtures, equipment, and personal property from the Surrender Premises to that portion of the New Premises as is available to Tenant on the Surrender Premises Date. Tenant shall vacate and deliver to Landlord exclusive possession of the Surrender Premises in good the order and condition, as condition required in under the Original Lease and herein, not later than the Surrender Premises DateLease; provided, however, that, notwithstanding anything to the contrary contained in the Original Lease, Tenant shall not be required to remove any Alterations (excluding including any cabling, which Tenant shall remove on or prior to the Surrender Date) and related equipment (excluding cabling) within the Surrender Premises or to otherwise restore the Surrender Premises to its prior condition. (i) All . From and after the Surrender Premises Giveback Date, Tenant shall surrender all of its right, title and interest in and to the Surrender Premises and agrees that Landlord shall have the right to possession of the termsSurrender Premises. Except for those matters specifically provided for in this Agreement and which pursuant to the Lease expressly survive its expiration or sooner termination, Landlord hereby releases and discharges Tenant from all of its covenants, agreementsduties, and conditions of the Lease shall remain in full force and effect debts or obligations whatsoever with respect to the Surrender Premises through from and after the Surrender Premises Giveback Date. , provided, however, that Tenant shall continue to pay all monetary obligations, including, without limitation, Base Rent, Rent and Tenant’s Pro Rata Share of Operating Expenses, and any other rent and charges Expenses as they may become due and payable under the Original Lease applicable to the Surrender Premise through and including Premises up until 11:59 p.m. MST on the Surrender Premises Effective Date. As of 11:59 p.m. MST on the Surrender Premises Effective Date, the surrender of the Surrender Premises shall be deemed effective and the monetary obligations with respect to the Surrender Premises shall be prorated, billed, and payable in the manner provided in the Original Lease, in the same manner as would apply if the term Term of the Lease expired on the Surrender Premises Effective Date with respect to the Surrender Premises. (ii) Premises only, unless expressly provided to the contrary in this Amendment. From and after the Surrender Extension Commencement Date, the Lease shall continue in full force and effect for the remainder of the Term, as extended by this Amendment, upon and subject to the terms and provisions of the Lease, including, without limitation, and the following modifications of the Lease: The Surrender Premises shall cease to be a part of the Lease Lease. From and after the Surrender Premises Giveback Date, Tenant shall have no right to possession or use of the Surrender Premises or any options or other rights with respect to the Surrender Premises without written consent from Landlord. (iii) . If Tenant delivers exclusive possession of the Surrender Premises to Landlord in the condition required under the Lease prior to the Surrender Premises Giveback Date Deadline, Tenant agrees that there will be no retroactive adjustment under the Lease of any sums due hereunder prior to the Surrender Premises Giveback Date. In the event that Tenant fails to timely vacate and deliver exclusive possession of the Surrender Premises to Landlord as and in the condition required pursuant to this Amendment, then Tenant shall be deemed to be holding over with respect to the Surrender Premises without the consent of Landlord and shall be liable to Landlord for rent at the holdover rate provided in the Original Lease and shall indemnify Landlord against loss or liability resulting from any delay of Tenant in not surrendering the Surrender Premises by the Surrender Premises Giveback Date Deadline, including, but not limited to, any amounts required to be paid to third parties who were to have occupied the Surrender Premises and any attorneys’ fees related thereto, and any consequential damages. Notwithstanding any provision of this Amendment or the Original Lease to the contrary, neither this Amendment nor the acceptance by Landlord of the Surrender Premises shall in any way either (1a) be deemed to excuse or release Tenant from any obligation or liability with respect to the Surrender Premises (including, without limitation, any obligation or liability under provisions of the Original Lease to indemnify, defend defend, and hold harmless Landlord or other parties, or with respect to any breach or breaches of the Original Lease) which obligation or liability (Ai) first arises or relates to a date on or prior to the date on which Tenant delivers to Landlord possession of the Surrender Premises to Landlord in the condition required set forth herein (provided, however, no Rent allocated or allocable to the Surrender Premises shall be due or payable for any period on or after the Extension Commencement Date, except for any adjustments to Operating Expenses to reflect the actual amount of Operating Expenses for calendar year 2020), or (Bii) arises out of or is incurred in connection with events or other matters which took place on or prior to such datethe Surrender Premises Giveback Date; or (2b) affect any obligation under the Original Lease which which, by its terms terms, is to survive the expiration or sooner termination of the Lease.