Common use of Surrender Upon Termination Clause in Contracts

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI must, upon the termination of NAI’s right to occupancy, surrender to BNPPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC so elects, will be deemed abandoned and become the property of BNPPLC without any payment or offset therefor. If BNPPLC does not so elect, BNPPLC may remove such property from the Property and store it at NAI’s risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 9 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (NetApp, Inc.), Lease Agreement (NetApp, Inc.)

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Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other "Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseLand Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Land Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 5 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc)

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other "Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseImprovements Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Improvements Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 4 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc)

Surrender Upon Termination. Unless NAI Tenant or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, NAI mustTenant shall, upon the termination of NAI’s Tenant's right to occupancy, surrender to BNPPLC Landlord the Leased Property, including Improvements any buildings, alterations, improvements, replacements or additions constructed by NAI and Tenant, with all fixtures and furnishings included in the Leased Property, but not including movable furniture and movable personal property not covered by this Lease, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by Landlord, with all Improvements in substantially the same condition as of the date the same were initially completedhereof, excepting only (i) ordinary wear and tear (provided that occurs between the maintenance, repairs and replacements Leased Property shall have been maintained as required by the other provisions of this Lease, hereof) and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Tenant or any party claiming under NAITenant, if not removed at the time of such termination and if BNPPLC Landlord shall so electselect, will shall be deemed abandoned and become the property of BNPPLC Landlord without any payment or offset therefor. If BNPPLC does Landlord shall not so elect, BNPPLC Landlord may remove such property from the Leased Property and store it at NAI’s Tenant's risk and expense. NAI must Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by BNPPLC Landlord or NAITenant.

Appears in 2 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp)

Surrender Upon Termination. Unless NAI Specialty Laboratories or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s 's entire interest in the Property pursuant to the terms of the Purchase AgreementAgreement and BNPPLC's entire interest in Property, NAI mustSpecialty Laboratories shall, upon the termination of NAI’s Specialty Laboratories' right to occupancy, surrender to BNPPLC the Property, including Improvements constructed by NAI Specialty Laboratories and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by BNPPLC, with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI Specialty Laboratories in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Specialty Laboratories or any party claiming under NAISpecialty Laboratories, if not removed at the time of such termination and if BNPPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC without any payment or offset therefor. If BNPPLC does shall not so elect, BNPPLC may remove such property from the Property and store it at NAI’s Specialty Laboratories' risk and expense. NAI must Specialty Laboratories shall bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAISpecialty Laboratories.

Appears in 1 contract

Samples: Iii Lease Agreement (Specialty Laboratories)

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 1 contract

Samples: 6 Lease Agreement (Network Appliance Inc)

Surrender Upon Termination. Unless NAI Ross or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s 's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustRoss shall, upon the termination of NAI’s Ross's right to occupancy, surrender to BNPPLC the Property, including Improvements constructed by NAI Ross and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI Ross in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Ross or any party claiming under NAIRoss, if not removed at the time of such termination and if BNPPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC without any payment or offset therefor. If BNPPLC does shall not so elect, BNPPLC may remove such property from the Property and store it at NAI’s Ross's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 1 contract

Samples: Construction Management Agreement (Ross Stores Inc)

Surrender Upon Termination. Unless NAI Zhone or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property Land and Improvements pursuant to the terms of Building 3 Purchase Agreement and the Other Purchase AgreementAgreements, NAI mustZhone shall, upon the termination of NAI’s Zhone's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements on the Building 3 Site constructed by NAI Zhone and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements on the Building 3 Site in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Building 3 Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Building 3 Lease and which have been completed by NAI Zhone in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Zhone or any party claiming under NAIZhone, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Zhone's risk and expense. NAI must bear the expense of repairing any damage Nothing in this Paragraph 21 will be construed to require Zhone to surrender the Property caused to BNPLC during the continuation of any breach by such removal by BNPPLC BNPLC of any obligation it has under the Building 3 Purchase Agreement to convey the Property to Zhone or NAIan Applicable Purchaser.

Appears in 1 contract

Samples: Lease Agreement (Zhone Technologies Inc)

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Surrender Upon Termination. Unless NAI FCI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustFCI shall, upon the termination of NAI’s FCI's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements any buildings, alterations, improvements, replacements or additions constructed by NAI and FCI, with all fixtures and furnishings included in the Property, but not including movable furniture and movable personal property not covered by this Lease, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by BNPLC, with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI FCI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI FCI or any party claiming under NAIFCI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.and

Appears in 1 contract

Samples: Lease Agreement (Solectron Corp)

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other" Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseImprovements Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Improvements Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

Surrender Upon Termination. Unless NAI Zhone or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property Land and Improvements pursuant to xxx Xxxxxxxxx 0&0 Xxxxxxxx Agreement and the terms of the Other Purchase AgreementAgreements, NAI mustZhone shall, upon the termination of NAI’s Zhone's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements on the Buildings 1&2 Site constructed by NAI Zhone and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements on the Buildings 1&2 Site in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Buildings 1&2 Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Buildings 1&2 Lease and which have been completed by NAI Zhone in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Zhone or any party claiming under NAIZhone, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Zhone's risk and expense. NAI must bear the expense of repairing any damage Nothing in this Paragraph 21 will be construed to require Zhone to surrender the Property caused to BNPLC during the continuation of any breach by such removal by BNPPLC BNPLC of any obligation it has under xxx Xxxxxxxxx 0&0 Xxxxxxxx Agreement to convey the Property to Zhone or NAIan Applicable Purchaser.

Appears in 1 contract

Samples: Lease Agreement (Zhone Technologies Inc)

Surrender Upon Termination. Unless NAI SGC or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustSGC shall, upon the termination of NAI’s SGC's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements any buildings, alterations, improvements, replacements or additions constructed by NAI and SGC, with all fixtures and furnishings included in the Property, but not including movable furniture and movable personal property not covered by this Lease, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by BNPLC, with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI SGC in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI SGC or any party claiming under NAISGC, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s SGC's risk and expense. NAI must SGC shall bear the expense of repairing any damage to the Property caused by such removal by BNPPLC BNPLC or NAISGC.

Appears in 1 contract

Samples: Lease Agreement (Solectron Corp)

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