Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 2 contracts
Sources: Sublease Agreement (Allvue Systems Holdings, Inc.), Sublease Agreement (Allvue Systems Holdings, Inc.)
Surrender. Upon the Section 15.01. Lessee shall, upon any expiration or earlier termination of this Sub-Lease, whether remove all of Lessee’s goods and effects from the Demised Premises, and any alterations and additions which Lessor requires removal, and Lessee shall repair any damage caused by forfeituresuch removal and restore the Demised Premises to the same condition it was in prior to such alterations or additions, lapse oftime or otherwisereasonable wear and tear only excepted. Lessee shall peaceably vacate and surrender to the Lessor the Demised Premises and deliver all keys and locks thereto, and all alterations and additions made to or upon the termination Demised Premises unless Lessor requires removal of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesthe same, Sub-Lessee will promptlyin the same condition as they were at the Term Commencement Date (except as otherwise provided in this Lease), and without demand, surrender and deliver up or as they were put in during the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairterm hereof, reasonable wear and tear and damage excepted and by insured fire or other unavoidable casualty or taking into consideration or condemnation by public authority or as a result of Lessor’s negligence only excepted. In the existing condition event of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-LessorLessee’s failure to remove any of Lessee’s property and shall remain upon from the Sub-Lease Premises upon such Demised Premises, after the expiration or earlier termination of this the Lease by lapse of time or otherwiseTerm, Lessor is hereby authorized, without compensation liability to Lessee for loss or allowance or credit to Sub-damage there at, and at the sole risk of Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, store any of the property at Sub-Lessee’s expense, such property without prior or to retain same under Lessor’s control or to sell at public or private sale, after thirty (30) days notice to Sub-Lessee. Sub-Lessor shall have no responsibility Lessee at its address last known to safeguard Lessor, any or all of the property not so removed and to apply the net proceeds of such property sale to the payment of any sum due hereunder, or to dispose destroy such property. If Lessee holds over at the Demised Premises, Lessee shall be a lessee at sufferance and shall be liable for payment of it Base Rent at the rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Rent most recently payable for the first thirty (30) days of any such holdover, and two hundred percent (200%) of such Base Rent thereafter, or (b) the then fair market rent for the Demised Premises as determined by Lessor, and in any event plus all Additional Rent, and Lessee shall be and remain liable to Lessor for all damage, loss and cost incurred by Lessor, including reasonable attorneys’ fees, as a commercially reasonable mannerresult of such holding over by Lessee, but expressly excluding consequential damages other than actual damages sustained by Lessor in the nature of lost rent. The foregoing shall not in any way prejudice Lessor’s right to seek recovery of the Demised Premises.
Appears in 2 contracts
Sources: Lease Agreement (Radius Health, Inc.), Lease Agreement (Radius Health, Inc.)
Surrender. Upon On the termination Lease Expiration Date, Tenant, at its sole cost, shall return possession of the Premises to Landlord in accordance with Tenant’s obligations under this Sub-Lease, whether by forfeitureand otherwise in the condition described on Exhibit F attached hereto, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable ordinary wear and tear and damage excepted and taking into consideration by fire or casualty excepted. Conditions existing as a result of (i) Tenant’s failure to Maintain the existing condition of Premises or the Building. Such fixtures and improvements shall include all plumbingProject, lightingas required by this Lease, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon ii) Tenant’s failure to abide by the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination terms of this Lease by lapse or its default, or (iii) the presence of time Hazardous Materials on, in, under or otherwiseabout the Premises, without compensation the Project or allowance other property as a result (directly or credit indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to Sub-Lesseeact, unless Sub-Lessor requests their removal in writing at connection with the Premises or the Project, shall not be deemed “ordinary wear and tear.” On or before the time of such termination of this Sub-Lease. If Sub-Lessor requests Lease Expiration Date, Tenant, at its sole cost, shall remove Tenant’s Property from the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall Project and repair any injury or all damage to the Sub-Lease Premises which may result resulting from such removal and restore the Sub-Lease Project to good order and condition, subject to the “Alterations; Liens” Section above. If Tenant fails to remove any of Tenant’s Property as required hereunder, then Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord, and/or Landlord may at Tenant’s expense remove and/or dispose of any Tenant’s Property in any manner Landlord deems appropriate. If Tenant does not return possession of the Premises to substantially Landlord in the condition they were in as of the date of required under this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerpay Landlord all resulting damages Landlord may suffer.
Appears in 2 contracts
Sources: Lease (AeroVironment Inc), Lease (Repro Med Systems Inc)
Surrender. Upon On the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, Expiration Date or upon the termination of Subhereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Premises broom-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements clean in good order, condition and repair, reasonable wear and tear and damage excepted and taking into consideration only excepted. On or before the existing condition last day of the BuildingTerm or the sooner termination thereof, Tenant shall at its expense remove all of its furnishings, equipment and other personal property from the Premises, repairing any damage caused thereby, and any property not so removed shall be deemed abandoned. Such fixtures At the election of Landlord, all alterations, additions and improvements shall include all plumbing, lighting, light fixtures, water heater (if any)other than Tenant’s trade fixtures, electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary which have been made or permanent, in installed by either Landlord or Tenant upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessorremain as Landlord’s property and shall remain be surrendered with the Premises as a part thereof, or Landlord may require removal of the same at the end of the Term or upon the Sub-Lease sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises upon are not vacated and surrendered at the end of the Term or sooner termination thereof, Tenant shall indemnify Landlord against any and all loss, cost, damage, liability and expense resulting from delay by Tenant in so vacating and surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay, which indemnity obligation shall survive the expiration or earlier termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before Agreement. Tenant shall promptly surrender all keys for the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially Landlord and shall inform Landlord of any combinations to any locks and/or safes on the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Surrender. Upon ▇▇▇▇▇▇ agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyexcepted), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together but with all duct work. Except as otherwise specifically herein providedinterior walls repaired, all additions any carpets cleaned, and all improvementsfloors cleaned and waxed, temporary and (b) otherwise in accordance with Paragraph 32(e). Normal wear and tear shall not include any damage or permanentdeterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal. Additionally, Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Specialty Alterations (hereinafter defined) and to repair any damage caused by lapse of time or otherwisesuch removal. Notwithstanding anything in this Lease to the contrary, without compensation or allowance or credit Tenant shall not have any obligation to Sub-Lessee, unless Sub-Lessor requests their removal remove any Alterations other than Specialty Alterations which are identified as such by Landlord in writing at or before the time Tenant requests ▇▇▇▇▇▇▇▇’s consent to such Alterations and Landlord’s consent thereto, and Tenant shall have no obligation to remove any tenant improvements existing on the Delivery Date, regardless of whether or not such termination improvements are the types of this Sub-Leaseimprovements that are included in the definition of Specialty Alterations. If Sub-Lessor requests As used herein, the removal term “Specialty Alterations” shall mean Alterations which are not typical office installations, including, without limitation, equipment racks, classrooms, bathrooms (other than the base building bathrooms), file rooms (with or without reinforced flooring); libraries; workout/fitness rooms; shower rooms; locker rooms; kitchen facilities (other than coffee bar kitchenettes); server rooms; safes; and vaults. Any of Sub-LesseeTenant’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in Property not so removed by Tenant as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it required herein shall be irrebuttably presumed that Sub-Lessee has deemed abandoned such property and Sub-Lessor is authorized to remove may be stored, removed, and discard, disposed of by Landlord at Sub-LesseeTenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from ▇▇▇▇▇▇▇▇’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property without prior notice of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to Sub-Lessee. Sub-Lessor remove shall have no responsibility to safeguard such remain in the Premises as the property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 2 contracts
Sources: Sublease Agreement (Braveheart Bio, Inc.), Sublease Agreement (Braveheart Bio, Inc.)
Surrender. Upon the expiration of the Term or earlier termination of this Sub-LeaseTenant’s right of possession, whether Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by forfeitureLandlord to remain in the Premises, lapse oftime or otherwisefree of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or upon released or disposed of from, the termination of Sub-Lessee’s right to possession ofthe Sub-Lease PremisesPremises by any person other than a Landlord Party, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Term, Sub-Lessee’s personal property has not been removed from including the Sub-Lease obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 2 contracts
Sources: Lease Agreement (Atossa Genetics Inc), Lease Agreement (Elan Corp PLC)
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyexcepted), electricaland (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, heating(i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, cooling the Building and ventilating fixtures the Project and equipment repair, patch, repair and air conditioningrepaint to match any damage any damage caused by such removal, together with all duct work. Except as otherwise specifically herein providedand (ii) Landlord may, all additions and all improvements, temporary or permanent, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by lapse of time or otherwisesuch removal. Notwithstanding the foregoing, without compensation or allowance or credit to Sub-LesseeLandlord shall notify Tenant, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-LesseeLandlord’s improvements or fixturesconsent, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Alterations shall be irrebuttably presumed that Sub-Lessee has removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned such property and Sub-Lessor is authorized to remove may be stored, removed, and discard, disposed of by Landlord at Sub-LesseeTenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property without prior notice of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to Sub-Lessee. Sub-Lessor remove shall have no responsibility to safeguard such remain in the Premises as the property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 2 contracts
Sources: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)
Surrender. Upon the expiration of the Term or earlier termination of this Sub-LeaseTenant’s right of possession, whether Tenant shall surrender the Premises to Landlord in as good a condition as when received, subject to any Alterations or Installations permitted by forfeitureLandlord to remain in the Premises, lapse oftime or otherwisefree of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or upon released or disposed of from, the termination of Sub-Lessee’s right to possession ofthe Sub-Lease PremisesPremises by any person other than a Landlord Party (collectively, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any“Tenant HazMat Operations”), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Term, Sub-Lessee’s personal property has not been removed from including the Sub-Lease obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 2 contracts
Sources: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)
Surrender. Upon At the expiration of the Term or earlier termination of this Sub-Lease, whether by forfeiturewithout the requirement of any notice, lapse oftime Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyelectricity meters, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in good the condition and repairin which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage excepted by casualty. Tenant shall, at the time of termination, remove the goods, effects and taking into consideration fixtures which Tenant is directed or permitted to remove in accordance with the existing provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the Buildingsame shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. Such fixtures In the event that Landlord terminates this Lease pursuant to Section 7.1 and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling re-enters and ventilating fixtures and equipment and air conditioning, together possesses the Premises in accordance with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination terms of this Lease by lapse of time or otherwisethen Landlord may, without compensation or allowance or credit to Sub-Lesseenotice, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lesseestore Tenant’s personal property has not been removed from (and those of any person claiming under Tenant) at the Sub-Lease Premisesexpense and risk of Tenant or, it shall be irrebuttably presumed that Sub-Lessee has abandoned if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and Sub-Lessor is authorized apply the net proceeds to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property the earliest of installments of Rent or to dispose of it in a commercially reasonable mannerother charges owing Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Altus Pharmaceuticals Inc.), Office Lease (Altus Pharmaceuticals Inc.)
Surrender. Upon On the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of SubPremises to Landlord (a) in broom-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, clean condition and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in as good condition and repairrepair as received (damage by acts of God, reasonable fire, condemnation, normal wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and tear, Hazardous Materials (other than those released or emitted by Tenant or Tenant’s Agents, alterations or other interior improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit which it is permitted to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If surrender at the termination of this Sub-Lease and repairs that Tenant is not responsible for under this Lease, Sub-Lessee’s personal property has excepted), and (b) otherwise in accordance with Paragraph 32(j). Normal wear and tear shall not been removed include any damage or deterioration to the floors of the Premises arising from the Sub-Lease Premisesuse of forklifts in, it shall be irrebuttably presumed on or about the Premises (including any marks or stains on any portion of the floors) any damage or deterioration that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discardwould have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. In addition, on or before the expiration or sooner termination of this Lease, Tenant, at Sub-LesseeTenant’s expense, shall remove the following items and repair any damage caused by such removal: (i) all of Tenant’s Property (as defined in Paragraph 15(b)) and Tenant’s signage from the Premises, the Building or the Project; (ii) any Specialty Alterations constructed pursuant to the Work Letter and designated for removal by Landlord pursuant to the Work Letter; and (iii) subject to the provisions of Paragraph 12(d), any Specialty Alterations made by or on behalf of Tenant and designated by Landlord for removal at the time Landlord consented to such Specialty Alterations. Tenant’s removal and disposal of items pursuant to this Paragraph 11 must comply with the Building’s Sustainability Practices and the applicable Green Building Standards, if any. All Tenant Improvements and Alterations, except those which Landlord requires Tenant to remove, shall remain in the Premises as the property without prior notice to Sub-Lesseeof Landlord. Sub-Lessor Any of Tenant’s Property not so removed by Tenant shall have no responsibility to safeguard such property be governed by the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or to dispose of it in a commercially reasonable mannerabandoned property.
Appears in 2 contracts
Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)
Surrender. Upon the termination expiration of this Sub-Lease, whether by forfeiture, lapse oftime or otherwiseSublease, or upon the termination of Sub-the Sublease or of the Lessee’s 's right to possession ofthe Sub-Lease of the Premises, Sub-Lessee will promptly, and without demand, at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon, to Lessor in good condition and repair, reasonable wear and tear and, subject to Section 21 of this Sublease, casualty damage excepted; conditions existing because of Lessee's failure to perform maintenance, repairs or replacements as required of Lessee under this Sublease shall not be deemed "reasonable wear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and tear." Said improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningother articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Lessee). Lessee shall surrender to Lessor all keys to the Premises, together with and make known to Lessor the combination of all duct workcombination locks which Lessee is permitted to leave on the Premises. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, All Alterations in or upon the Sub-Lease Premises placed there made by Sub-Lessee shall become Sub-Lessor’s property a part of and shall remain upon the Sub-Lease Premises Premises, upon such termination of this Lease by lapse of time or otherwisewithout compensation, without compensation or allowance or credit to Sub-Lessee; provided, however, Lessee shall remove any Alterations made by Lessee, unless Sub-or portion thereof to the extent Lessor requests their may be required to do so by Prime Lessor. If Prime Lessor requires removal of any Alteration made by Lessee, or a portion thereof, and Lessee does not make such removal in writing accordance with this Section, Lessor may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Lessee, or before warehouse the time same. Lessee shall pay the reasonable costs of such termination removal, repair, delivery and warehousing within ten (days) following receipt of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerLessor's documented invoice therefor.
Appears in 2 contracts
Sources: Sublease (Action Performance Companies Inc), Sublease Agreement (Integrated Information Systems Inc)
Surrender. Upon the expiration or earlier termination of this Sub-Leasethe Term, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demandSublessee shall vacate, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Subleased Premises to substantially Sublessor in the same condition they were in as of the date of this Sub-LeaseCommencement Date, ordinary wear and tear excepted, provided that Sublessee repair any damage to the Subleased Premises as a result of the removal of its personal property and any Alterations and Subsequent Alterations required to be removed pursuant to Section 9(b) and 9(c). If at In the event Sublessee fails to comply with the foregoing removal obligations or upon Sublessee being dispossessed by process of law or otherwise, any such property shall be deemed conclusively to be abandoned and Sublessor may retain, sell, store, destroy or otherwise dispose of the same as Sublessor so elects in its sole reasonable discretion upon ten (10) days’ prior written notice to Sublessee. Sublessee shall pay Sublessor on demand any reasonable out-of-pocket expenses incurred by Sublessor in the removal of such property, including, without limitation, the cost of repairing any damage to the Building caused by the removal of such property and storage charges (if Sublessor elects to store such property). Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Sublessee shall provide Sublessor with reasonable access to the Subleased Premises to allow Sublessor to fulfill its obligations under the Prime Lease, including, without limitation, removing any Alterations and Subsequent Alterations existing in the Subleased Premises prior to the Commencement Date and Sublessee shall otherwise reasonably cooperate with Sublessor in connection with the foregoing. Sublessee’s obligations under this Section 10 shall survive the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerSublease.
Appears in 2 contracts
Sources: Sublease (Global Employment Holdings, Inc.), Sublease (Global Employment Holdings, Inc.)
Surrender. Upon At the expiration of the Term or earlier termination of this Sub-Lease, whether by forfeiturewithout the requirement of any notice, lapse oftime Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyelectricity meters, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove), and Tenant shall leave the Premises and improvements in good the condition and repairin which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage excepted by casualty subject to the provisions of Section 6.1. Tenant shall, at the time of termination, remove the goods, effects and taking into consideration fixtures which Tenant is directed or permitted to remove in accordance with the existing provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the Buildingsame shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. Such fixtures In the event that Landlord terminates this Lease pursuant to Section 7.1 and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling re-enters and ventilating fixtures and equipment and air conditioning, together possesses the Premises in accordance with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination terms of this Lease by lapse of time or otherwisethen Landlord may, without compensation or allowance or credit to Sub-Lesseenotice, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lesseestore Tenant’s personal property has not been removed from (and those of any person claiming under Tenant) at the Sub-Lease Premisesexpense and risk of Tenant or, it shall be irrebuttably presumed that Sub-Lessee has abandoned if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and Sub-Lessor is authorized apply the net proceeds to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property the earliest of installments of Rent or to dispose of it in a commercially reasonable mannerother charges owing Landlord.
Appears in 2 contracts
Sources: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)
Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of Tenant’s targeted date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the termination of this Sub-LeaseTermination Date, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, Landlord in as good order and without demand, surrender and deliver up repair as on the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairCommencement Date, reasonable wear and tear and damage excepted by casualty excepted, free and taking into consideration the existing condition clear of the Building. Such all letting and occupancies and free of Tenant’s Hazardous Materials as required pursuant to Article 12, with all applicable closure requirements satisfied in accordance with Section 12.10, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and improvements shall include all plumbingother personal property) removed from the Premises. Subject to Article 9, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by lapse Landlord or Tenant, become the property of time Landlord, free and clear of any claim or otherwiseinterest therein by Tenant, and without compensation or allowance or credit payment therefore by Landlord. Tenant acknowledges that it is aware of Landlord’s plans to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before redevelop the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at Property upon the termination of this Sub-Lease, Sub-Lesseeand, therefore, if the Premises are not surrendered as of the end of the Term in the manner and condition described in this Section 20.1, Landlord may suffer extensive damage. In the event of such failure or delay, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all Losses resulting from or caused by Tenant’s personal property has not been removed from delay or failure in so surrendering the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned including, without limitation, any lost rents and any claims made by any succeeding tenant due to such property delay or failure and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s any expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property loss or to dispose damage (including consequential and indirect damages) incurred by Landlord as a result of it the delay in a commercially reasonable mannerLandlord’s redevelopment plans for the Property.
Appears in 2 contracts
Sources: Commercial Lease (Carbylan Therapeutics, Inc.), Commercial Lease (Carbylan Therapeutics, Inc.)
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Term or otherwise, or upon the termination of Sub-Lessee’s Tenant's right to possession ofthe Sub-Lease of the Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up Tenant shall return the Sub-Lease Premises, together with all fixtures therein and improvements Premises to Landlord in good condition order and repaircondition, reasonable ordinary wear and tear and damage excepted and taking into consideration by fire or other casualty excepted; provided, however, that if Tenant is insured (or required pursuant to this Lease to be insured) for any such damage, Tenant shall, at the existing condition election of Landlord, either (i) apply the insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required pursuant to this Lease) to repair such damage or (ii) surrender such insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required by this Lease) to Landlord upon surrender of the BuildingPremises. Such fixtures If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and improvements shall include all plumbingworkmanlike manner, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit removal Tenant shall restore the Premises to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before its condition prior to the time installation of such termination of this Sub-Leasealterations. If Sub-Lessor requests Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the removal same and restore the Premises, and Tenant shall pay the cost of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Sub-Lease Premises prior to substantially the condition they were in as termination of the date Term or Tenant's right to possession of this Sub-Lease, ordinary wear and tear exceptedthe Premises. If at the termination of this Sub-LeaseTenant does not remove such items, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably conclusively presumed that Sub-Lessee has abandoned to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant, or at Landlord's sole option such property items shall be deemed abandoned, in which event Landlord may cause such items to be removed and Sub-Lessor is authorized to remove and discard, disposed of at Sub-Lessee’s Tenant's expense, such property which shall be one hundred fifteen percent (115%) of Landlord's actual cost of removal, without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility Tenant and without obligation to safeguard such property or to dispose of it in a commercially reasonable mannercompensate Tenant except as otherwise required by law.
Appears in 1 contract
Surrender. Upon (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination of this Sub-Lease), whether by forfeiture, lapse oftime or otherwise, or upon ▇▇▇▇▇▇ shall quit and surrender possession of the termination of Sub-Lessee’s right Leased Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, Landlord in as good order and without demand, surrender and deliver up condition as they were in on the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairTerm Commencement Date, reasonable wear and tear tear, casualty damage, taking by condemnation and damage excepted by casualty not caused by Tenant, its agents, employees, contractors, subcontractors, invitees and taking into consideration licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the existing condition Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant.
(b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building in compliance with the National Electrical Code (collectively, “Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the installation of the Wires (“Wire Restoration Work”). Such fixtures Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and improvements shall include expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all plumbingcosts of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord’s notice requesting ▇▇▇▇▇▇’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section, lighting, light fixtures, water heater Landlord may apply all or any portion of the Security Deposit toward the payment of any costs or expenses relative to the Wire Restoration Work or Tenant’s obligations under this Section. The retention or application of such Security Deposit (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work) by Landlord pursuant to this Section does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. Except as otherwise specifically herein provided, all additions and all improvements, temporary The provisions of this Section shall survive the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such sooner termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Office Building Lease (Aquinox Pharmaceuticals, Inc)
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Term or otherwise, or upon the termination of Sub-Lessee’s Tenant's right to possession ofthe Sub-Lease of the Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up Tenant shall return the Sub-Lease Premises, together with all fixtures therein and improvements Premises to Landlord in good condition order and repaircondition, reasonable ordinary wear and tear and damage excepted and taking into consideration by fire or other casualty excepted; provided, however, that if Tenant is insured (or required pursuant to this Lease to be insured) for any such damage, Tenant shall, at the existing condition election of Landlord, either (ii) apply the insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required pursuant to this Lease) to repair such damage or (ii) surrender such insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required by this Lease) to Landlord upon surrender of the BuildingPremises. Such fixtures If Landlord requires Tenant to remove any Alterations pursuant to Section 9, then such removal shall be done in a good and improvements shall include all plumbingworkmanlike manner, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit removal Tenant shall restore the Premises to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before its condition prior to the time installation of such termination of this Sub-LeaseAlterations. If Sub-Lessor requests Tenant does not remove such Alterations after request to do so by Landlord, Landlord may remove the removal same and restore the Premises, and Tenant shall pay the cost of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant, or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be one hundred ten percent (110%) of Landlord's actual cost of removal, without notice to Tenant and without obligation to compensate Tenant except as otherwise required by law. Notwithstanding anything to the contrary contained in this Section 15, Landlord shall only be entitled to require that Tenant remove at the expiration or termination of the Term the following items and restore the Sub-Lease Premises affected area to substantially the condition they were existing prior to the installation of any such items: Alterations or Tenant Work which involve any vault, safe, file systems, interior staircases between floors or similar items or any items that Landlord determines in its reasonable discretion are not typically found in office space in first class office buildings in the Ballston submarket of Northern Virginia or would cost more to remove than typical leasehold improvements such as partitions typically found in office space in first-class office buildings in the Ballston submarket of Northern Virginia. The foregoing provisions of this Section 15 shall not be construed as Landlord's consent to Tenant installing any of the date foregoing items and any such installation must be approved by Landlord pursuant to the terms of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Office Space Lease Agreement (Bridgeline Software, Inc.)
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by casualty, reasonable acts of God, fire, and normal wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyexcepted), electricaland (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, heating(i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) which it is obligated to remove, cooling remove Tenant’s signage from the Premises, the Building and ventilating fixtures the Project and equipment repair any damage caused by such removal, and air conditioning(ii) Landlord may, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease by lapse of time prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or otherwise, without compensation or allowance or credit all Alterations and to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from caused by such removal and restore the Sub-Lease Premises to substantially the condition they were in removal. Any of Tenant’s Property not so removed by Tenant as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it required herein shall be irrebuttably presumed that Sub-Lessee has deemed abandoned such property and Sub-Lessor is authorized to remove may be stored, removed, and discard, disposed of by Landlord at Sub-LesseeTenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property without prior notice of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to Sub-Lessee. Sub-Lessor remove shall have no responsibility to safeguard such remain in the Premises as the property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Sub-Lease, whether by forfeitureTenant shall surrender the Premises to Landlord in the condition in which the Premises were received from Landlord on the Effective Date, lapse oftime except as repaired, rebuilt, restored, altered or otherwise, added to as permitted or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, required hereby and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable except for ordinary wear and tear tear, casualty and damage excepted condemnation excepted. Tenant shall remove from the Premises on or prior to such expiration or termination all property situated thereon which is not owned by Landlord and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Sub-Lease Premises which may result from and disposed of, but the actual cost of any such removal and restore disposition and of repairing any damage caused by such removal shall be borne by Tenant. However, notwithstanding the Sub-Lease Premises foregoing, Landlord shall be allowed (and Tenant hereby grants to substantially Landlord the condition they were option) to purchase such Tenant’s Personal Property from Tenant for an amount equal to the fair market value of Tenant’s Personal Property; provided, however, that such option shall only be exercisable by Landlord in as the event that Tenant has not removed such Personal Property within thirty (30) days following the expiration or termination of the date Lease. Tenant’s Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. The fair market value of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-LesseeTenant’s personal property has not been removed from the Sub-Lease Premises, it Personal Property shall be irrebuttably presumed that Subdetermined by the mutual agreement of Landlord and Tenant, and if the parties cannot agree, by appraisal by an unrelated third-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerparty appraiser.
Appears in 1 contract
Surrender. Upon the expiration or sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender to Landlord the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyfree of subtenants (except as provided in Section 14.7), and without demandoccupants or the like, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition order and repairrepair (except in the event of termination upon a Casualty, a total taking or Constructive Total Taking in condemnation proceedings), reasonable wear and tear and damage by casualty or condemnation (except to the extent Tenant was theretofore obligated under this Lease to restore such casualty or condemnation prior to the date of such expiration or sooner termination) excepted and taking into consideration also except as Tenant may have been prevented from maintaining the existing condition Premises in good order and repair by occupation thereof by any entity having the power of eminent domain which shall have taken the temporary use thereof and shall then be in possession thereof. If the Premises are not surrendered at the end of the BuildingTerm, Tenant shall compensate Landlord for all damages which Landlord shall suffer by reason thereof, and Tenant shall indemnify, defend and hold Landlord harmless from and against all claims made by any succeeding tenant against Landlord founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant to the extent that all or any portion of such delay is occasioned by the failure of Tenant to surrender the Premises as and when required by this Lease. Such fixtures and improvements Without limiting the provisions of Section 13.1 hereof, if Tenant shall, without the written consent of Landlord, hold over after the expiration of the Term, Tenant's use shall include all plumbingbe deemed a month-to-month tenancy, lightingwhich tenancy may be terminated upon demand of Landlord. During such tenancy, light fixturesTenant agrees to pay Landlord, water heater each month, (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, i) the following percentage of the Base Rent in or effect upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon expiration of the Sub-Lease Premises upon Term:
(A) 125% of such Base Rent for the first ninety (90) days after the expiration or sooner termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time Lease;
(B) 150% of such Base Rent for the next ninety (90) days (that is, until the 180th day thereafter);
(C) 175% of such Base Rent for the next ninety (90) days (that is, until the 270th day thereafter); and
(D) 200% of such Base Rent for the period from and after such 270th day after the expiration or sooner termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned plus (ii) all Additional Rent payable by Tenant hereunder for such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannermonth.
Appears in 1 contract
Surrender. Upon On the last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse elapse of time or otherwise, all without compensation or allowance or credit to Sub-LesseeTenant. Any personal property not removed shall be deemed abandoned and shall become the property of Landlord; provided, unless Sub-Lessor requests their removal in writing that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at or before the time rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank Wisconsin or its successors or assigns, whichever is higher. If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals 17 or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Sub-Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at Tenant has not redeemed said property within ninety (90) days after the termination of this Sub-said Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned Landlord may sell such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property public or private sale without prior further notice to Sub-Lessee. Sub-Lessor Tenant, and shall have no responsibility to safeguard such property or to dispose of it apply in a commercially reasonable mannermanner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon On the termination last day of the Term of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the sooner termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesthereof, Sub-Lessee will promptly, Tenant shall peaceably and without demand, quietly surrender the Leased Premises and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon in good order, condition and repair, reasonable wear and tear tear, casualty and damage excepted caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and taking into consideration fixtures (other than trade fixtures) which may be made or installed by Tenant upon the existing condition of Leased Premises shall, upon Landlord's request, be removed, provided, however, Tenant shall not be required to remove the Building. Such fixtures and improvements shall include all plumbingdemising wall, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct workconstructed pursuant to Section 2.01. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon Any such items that Landlord has not requested Tenant remove shall remain the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property of Landlord and shall remain upon and be surrendered with the Sub-Lease Leased Premises upon such as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease Lease, whether by the lapse of time or otherwise, all without compensation or allowance or credit to Sub-LesseeTenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, unless Sub-Lessor requests their removal in writing personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at or before the time rate of ten (10%) percent per annum from the date of such termination demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher. If, prior to surrender of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements Leased Premises or fixtureswithin twenty (20) days thereafter, Sub-Lessee Landlord so directs by written notice to Tenant, Tenant shall repair any injury or damage occasioned by such removals. If Tenant fails to the Sub-Lease Premises which may result from repair such removal and restore the Sub-Lease Premises to substantially the condition they were in as of damage within ten (10) days following the date of this Sub-LeaseLandlord's notice, ordinary wear and tear excepted. If Tenant shall pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the termination rate specified in the immediately preceding paragraph of this Sub-Lease, Sub-Lessee’s personal property has . The delivery to Landlord at the place then fixed for the payment of rent of the keys and access cards to the Leased Premises shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not been removed from constitute a waiver of any rights to recover damages under the Sub-Lease Premises, it terms of this Lease. This method of surrender shall not be exclusive and shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized in addition to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose all other methods of it in a commercially reasonable mannersurrender.
Appears in 1 contract
Surrender. Upon On the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, Expiration Date or upon the termination of Sub-Lessee’s right hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises in the condition in which the Demised Premises were delivered to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Tenant as set forth in good condition and repairSection 1.0 hereof, reasonable wear and tear tear. Permitted alternations and damage excepted insured casualty only excepted; warehouse area in broom clean condition; office/restroom area vacuumed and taking into consideration cleaned. On or before the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in Expiration Date or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by lapse of time Tenant and at its expense. All alterations, additions, improvements and fixtures (other than Tenant’s Property) which shall have been made or otherwiseinstalled by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without compensation disturbance, molestation or allowance injury, and without charge, at the expiration or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. Lease If Sub-Lessor requests the removal of Sub-Lessee’s improvements Demised Premises are not surrendered on the Expiration Date or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasetermination, ordinary wear and tear exceptedTenant shall indemnify Landlord against loss or liability or claims made by any succeeding Tenant resulting from such delay. If Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the termination place then fixed for payment of this Sub-Lease, Sub-Lessee’s personal property has not been removed from rent and shall inform Landlord of combinations of any locks and safes on the Sub-Lease Demised Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Commercial Lease (Thoratec Corp)
Surrender. Upon the termination or expiration of this Lease or termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s Tenant's right to possession ofthe Sub-Lease Premisespossession, Sub-Lessee Tenant will promptly, and without demand, at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon, to Landlord, in good condition and repair, reasonable ordinary wear and tear and damage excepted loss by insured casualty and taking into consideration condemnation excepted. Prior to the existing condition termination or expiration of the Building. Such fixtures and improvements Lease or of Tenant's right to possession, Tenant shall include remove from the Premises all plumbingof Tenant's personal property, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningtrade fixtures (collectively, together with all duct work. Except as otherwise specifically herein provided, all additions "Tenant's Property") and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal, repairing the Premises to the same condition as existed prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises and repair any resultant damage, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a ▇▇▇▇ of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of: (i) any improvements to the Premises made pursuant to any Modification or change order, in which event Landlord shall so advise Tenant of the necessity to remove same at the time Landlord approves said Modification or change order; or (ii) any Alterations as to which Landlord has the right to require removal by Tenant in accordance with Section, 9.4 above, Tenant shall remove all such improvements and Alterations and restore the Sub-Lease Premises to substantially the their original condition they were in as of the date of this Sub-Leaseexisted prior to such improvements and Alterations, ordinary wear and tear excepted. If at the , upon expiration or termination of this Sub-Lease. If, Sub-Lessee’s personal property has after Landlord's request, Tenant does not been removed from so remove said improvements and Alterations promptly, Landlord may remove the Sub-Lease Premises, it same and Tenant shall be irrebuttably presumed that Sub-Lessee has abandoned pay the reasonable cost of such property and Sub-Lessor is authorized removal to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-LesseeLandlord upon demand. Sub-Lessor The provisions of this Section 17.1 shall have no responsibility to safeguard such property survive the termination or to dispose expiration of it in a commercially reasonable mannerthis Lease.
Appears in 1 contract
Surrender. Upon the Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Sub-Lease, whether by forfeitureTenant shall surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, lapse oftime or otherwise, or subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-LesseeLease, unless Sub-Lessor requests their removal Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant’s Alterations, in writing at or before which event Tenant shall promptly remove prior to the time date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant’s sole expense. Failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall Tenant shall, at its sole expense, remove all such items and repair any injury or damage to the Sub-Lease Premises which may result from or the Project caused by such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear exceptedremoval. If at Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed that Sub-Lessee has deemed to have abandoned such property the same, in which case Landlord may store the same at Tenant’s expense (and Sub-Lessor is authorized Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerTenant.
Appears in 1 contract
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by forfeiturecasualty and normal wear and tear excepted), lapse oftime but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or otherwisedeterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises, and any damage or deterioration that would have been prevented by reasonable maintenance by Tenant, or upon Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of Subthis Lease, Tenant shall remove from the Premises, the Building and the Project and repair any damage caused by such removal, (i) all of Tenant's Property (as hereinafter defined) and Tenant's signage, and (ii) any Non-Lessee’s Permanent Alterations (as hereinafter defined). Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Alterations except those which constitute Non-Permanent Alterations shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or adversely affects the Systems serving the Premises, the Building or the Project or any portion thereof (collectively, "Structural Alterations"). Notwithstanding the foregoing, Tenant shall have the right to possession ofthe Sub-Lease Premisesmake Alterations (specifically excluding, Sub-Lessee will promptlyhowever, Structural Alterations) to the Premises with prior notice to but without the consent of Landlord, provided that such Alterations are constructed and performed in full compliance with the terms of Paragraphs 13(b) through 13(g) below and do not exceed Fifteen Thousand Dollars ($15,000.00) in cost on an individual basis or for a series of related Alterations or One Hundred Thousand Dollars ($100,000.00) in the aggregate during any twelve (12) month period during the Term of this Lease. Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, for any individual Alteration or series of related Alterations estimated to cost in excess of one hundred thousand dollars ($100,000), Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one hundred twenty-five percent (125%) of the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics' and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required (including, to the extent required by Laws, waste water or storm water discharge permits) must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable costs (including, without demandlimitation, surrender the costs of any construction manager retained by Landlord (the "Construction Management Fee")) in reviewing plans and deliver up documents and in monitoring construction, which reasonable costs shall not exceed four percent (4%) of the Subcosts of the Alterations. Tenant shall maintain during the course of construction, at its sole cost and expense, builders' risk insurance for the amount of the completed value of the Alterations on an all-Lease Premisesrisk non-reporting form covering all improvements under construction, including building materials, and other customary insurance coverages in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) (or Tenant on behalf of or in lieu of its contractors) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, UBS, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant (but specifically excluding Non-Permanent Alterations), together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant's Property. Such fixtures If requested by Landlord, Tenant will pay, prior to the commencement of construction, an amount reasonably determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises and improvements shall include all plumbingthe Building to its condition prior to such Alterations. Any computer or telecommunications equipment or lines installed by Tenant must be installed within the Premises and, lightingat the request of Landlord made at any time prior to the expiration of the Term, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or removed upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. Notwithstanding the foregoing, Tenant shall not be required to remove any computer or telecommunications lines or wiring installed as part of the Initial Alterations. Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the costs associated with the installation of supplementary air conditioning capacity or electrical systems necessitated by lapse of time or otherwisesuch equipment. Tenant agrees not to proceed to make any Alterations, without compensation or allowance or credit notwithstanding consent from Landlord to Sub-Lesseedo so, unless Sub-Lessor requests their removal until Tenant notifies Landlord in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date Tenant desires to commence construction or installation of this Sub-Leasesuch Alterations and Landlord has approved such date in writing, ordinary wear in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and tear exceptedto remain posted until the completion of work. If at Landlord understands that Tenant desires to make certain improvements to the termination Premises prior to the Commencement Date (collectively, the "Initial Alterations"), all as generally described and shown on the conceptual plans attached hereto as Exhibit I (the "Conceptual Plans"). Landlord hereby approves the Conceptual Plans.. The Initial Alterations may include, without limitation, the modification of this Sub-Leasethe underground plumbing to make trenches to connect the existing drains, Sub-Lessee’s personal property has not been removed from the Sub-Lease creation of openings in the roof of the Building to vent exhaust, and the addition to the Premises of approximately ten thousand (10,000) square feet of office space, a manufacturing/assembly area, an engineering area with lab space, and a shipping/receiving area. Tenant intends to use only one or two of the existing truck/dock doors in the Premises and Tenant shall have the right to replace the remaining truck/dock doors with glass to increase the amount of natural light into the Premises. Tenant shall be entitled to construct and install the Initial Alterations in the Premises, it subject to full compliance with the terms and conditions of Paragraphs 13(a) through 13(f) above, including, without limitation, the delivery to and approval by Landlord of detailed plans and specifications for the Initial Alterations in accordance with Paragraph 13(b) above. Landlord shall have a reasonable period of time to review such plans and specifications, taking into account the complexity of the proposed Initial Alterations and the need of Landlord to retain outside consultants to review the same; provided, however, that in no event shall such review period extend beyond thirty (30) days. Notwithstanding anything to the contrary contained in Paragraph 13(b) above, the Construction Management Fee charged for the Initial Alterations shall not exceed the amounts calculated in accordance with the following schedule: Aggregate Cost of Designing and Constructing Initial Alterations ("Initial Alterations Cost") Construction Management Fee $0.00 - $10,000.00 0% $10,001.00 - $100,000.00 4% of Initial Alterations Cost between $10,001.00 and $100,000.00 $100,001.00 and above 2% of Initial Alterations Cost above $100,000.00 By way of example, if the Initial Alterations Cost is Five Hundred Thousand Dollars ($500,000.00), the Construction Management Fee shall be irrebuttably presumed that Sub-Lessee has abandoned such property Eleven Thousand Six Hundred Dollars ($11,600.00) (viz. the sum of (1) 4% of the Initial Alterations Cost between $10,001.00 and Sub-Lessor is authorized to remove $100,000.00, plus (2) 2% of the Initial Alterations Cost between $100,001.00 and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner$500,000.00).
Appears in 1 contract
Sources: Lease Agreement (Cepheid)
Surrender. Upon the expiration or other termination of this Sub-Leasethe Term, whether by forfeiture, lapse oftime or otherwise, or upon Tenant will immediately vacate and surrender possession of the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Premises in good condition order, repair and repaircondition, reasonable except for ordinary wear and tear and damage excepted due to fire or other casualty. Upon the expiration or other termination of the Term, Tenant agrees to remove all of Tenant’s office furniture, office equipment and taking into consideration other similar personal property. At Landlord’s option, to be exercised by written notice to Tenant delivered no less than thirty (30) days after Tenant’s written request for such election, which request of Tenant may be delivered no earlier than twelve (12) months prior to the expiration of the Term or concurrently with any other termination of the Lease, Tenant shall remove (a) any Alterations, the removal of which was requested by Landlord in written notice to Tenant at the time of the installation of such Alterations (regardless of whether Landlord’s approval of such Alterations was required hereunder); provided, however that Tenant shall not be required to remove: (i) the initial Tenant Improvements in the Initial Premises, and (ii) any tenant improvements existing in any ROFO Space (as hereinafter defined) at the time Tenant leases the same pursuant to a right granted under this Lease, and (b) any Alterations as to which Tenant failed to request, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations upon expiration or other termination of this Lease. Notwithstanding the foregoing, in no event shall Tenant be required to remove (1) any Alterations as to which (A) Tenant requested, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations and (B) Landlord either failed to respond to such request, did not specifically identify the Alterations in question as Alterations that Tenant would be required to remove, or indicated as such time that the Alterations in question need not be removed, (2) the initial Tenant Improvements in the Initial Premises, or (3) any tenant improvements existing in any ROFO Space at the time Tenant leases the same pursuant to a right granted under this Lease. Without limiting Tenant’s obligations with respect to the condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination expiration or termination, Tenant will pay Landlord within thirty (30) days of this Lease by lapse written demand the cost of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair repairing any injury or damage to the Sub-Lease Premises which may result from or Building caused by the installation or removal of any such removal and restore the Sub-Lease Premises to substantially the condition they were in as items. Any of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-LesseeTenant’s personal property has not been removed from remaining in the Sub-Lease Premises, it Premises shall be irrebuttably presumed that Sub-Lessee has abandoned such become the property and Sub-Lessor is authorized of Landlord unless Landlord requires Tenant to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerthe same.
Appears in 1 contract
Surrender. Upon Provided that Lessee does not exercise the termination purchase option as set forth in Paragraph 28 hereof, upon the expiration of this Sub-Leasethe Initial Term, whether by forfeiture, lapse oftime or otherwiseany renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this lease, Lessee, at its expense, shall return all, but not less than all, of the termination of Sub-Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear excepted, and damage excepted in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and taking into consideration necessary expenses to place the existing Equipment in such condition. Lessee shall remain liable for the condition of the BuildingEquipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this lease shall be automatically extended for a term of 3 months. Thereafter, the term of this lease will be extended 4 for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. Such fixtures and improvements shall include termination will take effect upon completion of all plumbingLessee's obligations under this lease (including payment of all periodic rental payments due during such 90 day period, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, provided in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination Paragraph 9 of this Lease by lapse of lease). At any time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before after the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as expiration of the date of Initial Term, if this Sub-Leaselease has been automatically extended as set forth herein, ordinary wear and tear excepted. If at Lessor reserves the termination of right to terminate this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior lease by 30 days written notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon At the expiration of the Term or earlier termination of this Sub-Lease, whether by forfeiturewithout the requirement of any notice, lapse oftime Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyelectricity meters, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove unless Landlord agrees in writing that Tenant does not need to remove cabling), and Tenant shall leave the Premises and improvements in good the condition and repairin which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage excepted casualty. Tenant shall, at the time of termination, remove the goods, effects and taking into consideration fixtures which Tenant is directed or permitted to remove in accordance with the existing provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) Business Days after notice by Landlord, the Buildingsame shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. Such fixtures In the event that Landlord terminates this Lease pursuant to Section 7.1 and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling re-enters and ventilating fixtures and equipment and air conditioning, together possesses the Premises in accordance with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination terms of this Lease by lapse of time or otherwisethen Landlord may, without compensation or allowance or credit to Sub-Lesseenotice, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lesseestore Tenant’s personal property has not been removed from (and those of any person claiming under Tenant) at the Sub-Lease Premisesexpense and risk of Tenant or, it shall be irrebuttably presumed that Sub-Lessee has abandoned if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and Sub-Lessor is authorized apply the net proceeds to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property the earliest of installments of Rent or to dispose of it in a commercially reasonable mannerother charges owing Landlord.
Appears in 1 contract
Sources: Lease Agreement (Pegasystems Inc)
Surrender. Upon The Tenant shall at the expiration or other termination of this Sub-Lease, whether remove all of Tenant’s goods and effects from the leased premises, and all of Tenant’s tel/data cabling and specialty finishes specifically identified by forfeitureLandlord in writing upon review of ▇▇▇▇▇▇’s plans (including, lapse oftime without hereby limiting the generality of the foregoing, all signs and lettering affixed or otherwisepainted by the Tenant, either inside or outside the leased premises, except for the signage in the Building directory provided by Landlord). Tenant shall deliver to the Landlord the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination leased premises (except as otherwise agreed at the time of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesconstruction or installation), Sub-Lessee will promptlyin the condition required under Section 11 hereof, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairdamage by fire or other casualty, reasonable wear and tear and damage excepted tear, and taking into consideration by eminent domain only excepted. In the existing condition event of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-LessorTenant’s failure to remove any of Tenant’s property and shall remain upon from the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwisepremises, Landlord is hereby authorized, without compensation or allowance or credit liability to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury Tenant for loss or damage to the Sub-Lease Premises which may result from such removal thereto, and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination sole risk of this Sub-LeaseTenant, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, store any of the property at Sub-LesseeTenant’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose retain same under ▇▇▇▇▇▇▇▇’s control or to sell at public or private sale, without notice any or all of it in 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. In the event that ▇▇▇▇▇▇ does not move from the leased premises at the end of the term (as may be extended), the Base Rent shall be the then existing Base Rent multiplied by 150% for the first thirty (30) days, then 200 percent, and Tenant shall be considered a commercially reasonable mannerTenant at sufferance.
Appears in 1 contract
Sources: Commercial Lease (Pine Technology Acquisition Corp.)
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime of time or otherwise, or upon the termination of Sub-Lessee’s Tenants' right to possession ofthe Sub-Lease of the Leased Premises, Sub-Lessee Tenant will promptly, and without demand, at once surrender and deliver up the Sub-Lease Leased Premises, together with all fixtures therein and improvements thereon, to Landlord, broom swept, in good condition and repair, reasonable except:
(i) ordinary wear and tear (conditions existing because of Tenant's failure to perform maintenance repairs or replacements as required herein or to have in force a maintenance contract required by Section 9.0(b) hereof shall not be deemed ordinary wear and tear); (ii) condemnation; (iii) damage excepted arising from any cause not required to be repaired or replaced by Tenant; and taking into consideration (iv) Alterations which do not constitute Approval Alterations and Approval Alterations which Tenant is not required to remove as set forth in Section 9.1(a). Tenant shall deliver to Agent all keys to all doors therein. As used herein, the existing condition of the Building. Such fixtures and improvements term "improvements" shall include include, without limitation, all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningequipment, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvementsAlterations (as said term is defined in Section 9.1 hereof) whether or not permitted under Section 9.1. All Alterations, temporary or permanent, made in or upon the Sub-Lease Leased Premises placed there by Sub-Lessee Tenant shall become Sub-Lessor’s Landlord's property and shall remain upon the Sub-Lease Leased Premises upon on any such termination of this Lease by lapse of time or otherwisewithout compensation, without compensation or allowance or credit to Sub-LesseeTenant, unless Sub-Lessor requests provided, however, that Landlord shall have the right to require Tenant to remove any Approval Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration to the extent that the approval by Landlord of any Approval Alteration was conditioned upon the removal of the same. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before ten (10) days after such termination. If Landlord requires removal of any Alterations as set forth in Section 9.1(a) and Tenant does not make such removal in writing accordance with this Section at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests termination, or within ten (10) days after such request, whichever is later, Landlord may remove the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall same (and repair any injury or damage to the Sub-Lease Premises which may result from such removal occasioned thereby), and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discarddispose thereof or, at Sub-Lessee’s expenseits election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such property without prior notice removal, repair, delivery and warehousing to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerLandlord on demand.
Appears in 1 contract
Surrender. Upon Subtenant shall, on or prior to the expiration or earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination Sublease (i) remove all of Sub-LesseeSubtenant’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such movable fixtures and improvements shall include all plumbingmovable partitions, lightingtelephone and other equipment, light computer systems, trade fixtures, water heater (if any)furniture, electrical, heating, cooling furnishings and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s other items of personal property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, which are removable without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or material damage to the Sub-Lease Premises which may result from such removal Building and restore the Sub-Lease Premises any other items required to substantially the condition they were be removed in as accordance with and subject to applicable provisions of the date of this SubLease (as incorporated by reference), including any alterations made by Subtenant and (ii) otherwise surrender to Sublandlord the Premises, vacant, broom-Lease, clean and in good order and condition ordinary wear and tear excepted. If at (The “Furniture” shall be disposed of in accordance with the terms of Section 30 hereof.) In the event that any Alterations to the Premises are performed by or on behalf of Subtenant that Landlord requires removal of and any restoration of the Premises to the original condition, Subtenant shall be liable for such removal and restoration prior to the expiration or earlier termination of this Sub-LeaseSublease. Subtenant agrees to reimburse Sublandlord for all costs and expenses incurred in removing and storing Subtenant’s property, Sub-Lesseeor repairing any damage to the Premises caused by or resulting from Subtenant’s personal property has not been removed from failure to comply with the Sub-provisions of this Section 21. The provisions of this Section 21 shall survive the expiration or earlier termination of this Sublease. It is understood and agreed that any removal and restoration obligations under the Lease Premises, it with respect to any alteration made by Sublandlord shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no remain the sole responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerSublandlord.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up Landlord in the Sub-Lease Premises, together with all fixtures therein and improvements in good same condition and repair, as existed on the Commencement Date (reasonable wear and tear tear, losses due to casualty and damage excepted condemnation and taking into consideration the existing condition of the Building. Such fixtures Landlord’s repair obligations excepted) with all holes in walls repaired, all HVAC equipment in good operating order and improvements shall include all plumbingin good repair (reasonable wear and tear, lighting, light fixtures, water heater (if anylosses due to casualty and condemnation and Landlord’s repair obligations excepted), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein providedthe Premises in broom clean condition, all additions and all improvementsto the reasonable satisfaction of Landlord. In addition, temporary prior to the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease Tenant shall: (a) upon Landlord’s request, remove all telephone and other cabling installed in the Building by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before Tenant; (b) remove from the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-LesseePremises all Tenant’s improvements or personal property and trade fixtures, Sub-Lessee and all property not so removed shall be deemed abandoned by Tenant; and (c) remove all alterations that Landlord has elected to require Tenant to remove ; and Tenant shall repair any injury damage and perform any restoration work caused by removal of any of the foregoing items. If such removal is not completed within the time periods required herein, Landlord shall have the right (but no obligation) to remove the same and Tenant shall be liable to Landlord for costs of removal of any abandoned trade fixtures or damage equipment of Tenant, or of any alterations Tenant fails to remove if required by this Lease, together with the cost of returning the Premises to the Sub-Lease condition required by this Lease, and the transportation and storage costs of such items. All keys to the Premises which may result from such removal and restore the Sub-Lease Premises or any part thereof shall be surrendered to substantially the condition they were in as Landlord upon expiration or sooner termination of the date lease term. Normal wear and tear, for purposes of this Sub-Leaseprovision, ordinary shall be construed to mean wear and tear exceptedcaused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. If at It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which should have been attended to by Tenant in accordance with the termination requirements of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon expiration of the Term or earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-LesseeTenant’s right of possession, Tenant may, subject to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together exercise of any remedies by Landlord (to the extent not waived with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition respect to any of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyTenant’s personal property which is leased or financed), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessorremove Tenant’s property Property and shall remain upon surrender the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially Landlord in the same condition they were in as of the date of this Sub-Leasereceived, broom clean, ordinary wear and tear exceptedand casualty loss and condemnation covered by Sections 18 and 19 excepted and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. If any, such key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Tenant Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Term shall survive the termination of the Term, Sub-Lessee’s personal property has not been removed from including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the Sub-Lease condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized including the obligation to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerobtain all required Hazardous Materials Clearances.
Appears in 1 contract
Surrender. Upon No act or thing done by Landlord during the termination Lease Term shall be deemed to constitute an acceptance by Landlord of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, a surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the BuildingLeased Premises unless such intent is specifically acknowledged in a writing signed by Landlord. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary The voluntary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination other surrender of this Lease by lapse Tenant, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of time Landlord, shall operate as an assignment to Landlord of all subleases or otherwise, without compensation subtenancies affecting the Leased Premises. Upon the expiration or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage Tenant shall, subject to the Sub-Lease Premises which may result from such removal provisions of this Paragraph 28, peaceably leave, quit and restore surrender the Sub-Lease Leased Premises to substantially the condition they were Landlord in as of good order and condition in which the date Leased Premises was on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Sub-Lease, and except for ordinary wear and tear exceptedor loss by fire or other casualty. If at the termination of this Sub-LeaseUpon such surrender, Sub-Lessee’s personal property has not been Tenant shall, without expense to Landlord, (a) remove or cause to be removed from the Sub-Lease Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned . The cost of removing and disposing of such property and Sub-Lessor is authorized repairing any damage to remove and discard, at Sub-Lessee’s expense, the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property without prior notice which becomes the property of Landlord pursuant to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerthis Paragraph 28.
Appears in 1 contract
Surrender. Upon a. On the last day of the term or on the sooner termination thereof, Tenant shall, at Tenant’s sole cost and expense: (i) peaceably surrender the Demised Premises broom-clean, in as good order and condition as of the commencement of the term of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, except for reasonable wear and tear and damage excepted by casualty; and taking into consideration (ii) remove from the existing condition Demised Premises its signs, furniture, equipment, machinery and trade fixtures (“Tenant’s Property”). Tenant’s Property not so removed within thirty (30) days following the Termination Date, may at Landlords’ election and without limiting Landlord’s right to compel removal thereof, be deemed abandoned. Any damage to the Demised Premises caused by Tenant in the removal of Tenant’s Property shall be immediately repaired by Tenant at Tenant’s sole cost and expense, and this obligation shall survive the Building. Such fixtures and improvements shall include expiration or sooner termination of this Lease.
b. Title to all plumbingalterations, lightingadditions, light improvements, repairs, fixtures, water heater (if any)other than Tenant’s Property, electricalwhich shall have been made, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary furnished or permanent, installed by or at the expense of either the Landlord or Tenant in or upon the Sub-Lease Premises placed there by Sub-Lessee Demised Premises, shall become Sub-Lessor’s property vest in Landlord upon the installation thereof, and the same shall remain upon and be surrendered with the Sub-Lease Demised Premises upon such termination of this Lease by lapse of time or otherwise, as part thereof without compensation or allowance or credit to Sub-Lesseedisturbance and without charge, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerotherwise required by Landlord.
Appears in 1 contract
Sources: Lease (Yardville National Bancorp)
Surrender. Upon 13.1 On the Expiration Date or any earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime the Sublease or otherwise, or upon the termination of Sub-LesseeTOTAL’s right to possession ofthe Sub-Lease of the Sublease Premises, Sub-Lessee TOTAL will promptly, and without demand, at once surrender and deliver up the Sub-Lease Sublease Premises, together with all fixtures therein and improvements thereon (other than those which TOTAL is required to remove pursuant to Section 11 above), to Amyris in good substantially the same condition and repairas when delivered to TOTAL, reasonable wear and tear tear, casualty, and damage excepted by Amyris to the OCT Facilities excepted. Conditions existing because of TOTAL’s failure to perform maintenance, repairs or replacements as required of TOTAL under this Sublease shall not be deemed “reasonable wear and taking into consideration tear.” TOTAL shall surrender to Amyris all keys and electronic access cards to the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, Sublease Premises.
13.2 All Alterations in or upon the Sub-Lease Sublease Premises placed there made by Sub-Lessee TOTAL and not removed or required to be removed hereunder shall become Sub-Lessor’s property a part of and shall remain upon the Sub-Lease Sublease Premises upon such termination. If removal of any Alterations is required pursuant to Section 11 above, TOTAL shall restore the Sublease Premises to their condition prior to the making of any Alterations and repair any damage caused by such removal or restoration. If TOTAL is permitted or required to remove any Alteration or a portion thereof, and TOTAL does not complete such removal in accordance with this Section, Amyris may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. TOTAL shall pay the costs of such removal, repair and warehousing, plus an administrative fee equal to five percent (5%) of such costs, on demand.
13.3 On or prior to the Expiration Date or any earlier termination of this Lease by lapse the Sublease or of time or otherwiseTOTAL’s right to possession of the Sublease Premises, without compensation or allowance or credit TOTAL shall remove TOTAL’s personal property that is not affixed to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-LesseeSublease Premises and TOTAL’s improvements or trade fixtures, Sub-Lessee and TOTAL shall repair any injury or damage to the Sub-Lease Sublease Premises which may result from such removal removal. If TOTAL does not remove TOTAL’s trade fixtures or personal property from the Sublease Premises on or before the Expiration Date or the earlier termination of the Sublease or of TOTAL’s right to possession, Amyris may, at its option, remove the same (and repair any damage occasioned thereby and restore the Sub-Lease Sublease Premises as aforesaid) and dispose thereof or warehouse the same, and TOTAL shall pay the cost of such removal, repair, restoration or warehousing, plus as administrative fee equal to substantially the condition they were in as five percent (5%) of the date of this Sub-Leasesuch costs, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerAmyris on demand.
Appears in 1 contract
Sources: Sublease (Amyris, Inc.)
Surrender. Upon 24.01 On the last day of the Term, or upon any earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon any re-entry by Landlord upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Demised Premises, Sub-Lessee will promptlyTenant shall quit and surrender the Demised Premises to the Landlord broom clean, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good order, condition and repair, reasonable repair except for ordinary wear and tear and damage excepted and taking into consideration by fire or other insured casualty, restored as provided in Section 12.01.
24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the existing condition provisions of Article 13 hereof, (b) at Landlord's request remove from the Building. Such fixtures and improvements shall include Demised Premises all plumbingimprovements, lightingalterations, light fixturesadditions, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment (sometimes herein called "additional work") other than Tenant's Work attached hereto as Exhibit C whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and air conditioningwhether such additional work consisted of extra or special work or additional items or quantities of Building standard work, together and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will blend with all duct workand be comparable to adjacent areas. Except Tenant's removal and repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building where any additional work was performed by or on behalf of Tenant. If Tenant shall fail to perform as otherwise specifically herein providedprovided in this Section 24.02, all additions Landlord shall have the right to do so at Tenant's cost and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwiseexpense, without compensation further notice or allowance demand upon Tenant, and Tenant shall indemnify Landlord against all loss or credit to Sub-Lesseeliability resulting therefrom, unless Sub-Lessor requests their removal including, without limitation, any delay in writing at or before granting occupancy of the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Demised Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerfuture occupant.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether by forfeitureTenant shall surrender the Premises to Landlord in its then improved, lapse oftime or otherwisebroom clean condition, or upon the termination of Sub-Lessee’s right subject to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable ordinary wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct worktear. Except as otherwise specifically herein providedprovided herein, all additions Alterations and all improvements, temporary or permanent, in or the Tenant Improvements shall become a part of the Premises and shall become the property of Landlord upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such expiration or earlier termination of this Lease Lease. Tenant shall not be required to remove any Tenant Improvements (other than cabling) completed prior to the Commencement Date. Tenant shall not be required to remove any Alterations from the Premises unless Landlord conditioned its consent upon such removal by lapse of time or otherwise, without compensation or allowance or credit written notice to Sub-Lessee, unless Sub-Lessor requests their removal in writing Tenant at or before the time Landlord first consented to the Alteration. If Landlord conditioned its consent on Tenant’s obligation to remove any Alterations from the Premises, Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall Tenant shall, at its sole expense, remove all such items and repair any injury or damage to the Sub-Lease Premises which may result from or the Project caused by such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear exceptedremoval. If at Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed that Sub-Lessee has deemed to have abandoned such property the same, in which case Landlord may store the same at Tenant’s expense (and Sub-Lessor is authorized to remove Tenant shall pay Landlord the cost thereof within thirty (30) days of demand) and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to thereafter dispose of it the same in a commercially reasonable mannerany manner permitted by applicable Laws.
Appears in 1 contract
Sources: Office Lease (Capitalsource Inc)
Surrender. Upon the termination of this Sub-Lease, whether Tenant shall peaceably surrender the Premises to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-this Lease Premises, Sub-Lessee will promptlyand except for ordinary wear and tear, and without demandin the condition of a class A office building of similar size, surrender use, appearance and deliver up occupancy located in the Sub-Lease PremisesDallas/Fort Worth greater metropolitan area; provided, together with all fixtures therein and improvements in good condition and repairhowever, reasonable wear and tear and damage excepted and taking into consideration that the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except Premises surrendered upon termination may not be the same as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon received from Landlord at the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination commencement of this Lease by lapse to the extent of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal any construction in writing progress at or before the time of such the execution of this Lease, and the Premises shall be in sound, completed condition, in good order and broom clean upon termination and without any construction then being in progress. So long as Tenant is not in default hereunder, Tenant may remove from the Premises, prior to or within a reasonable time (not to exceed thirty (30) days) after the expiration or termination of the Term of this Sub-Lease, all property owned by Tenant, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. If Sub-Lessor requests Property not removed within said thirty (30) day period (including, without limitation, any trade fixtures of Tenant) shall become the property of Landlord. Landlord may, after the expiration of such thirty (30) day period, cause such property to be removed and the cost of removal and disposition, as well as the cost of Sub-Lessee’s improvements repairing any damage caused by such removal, shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination or expiration of this Lease, all fixtures, Sub-Lessee excluding Tenant's trade fixtures timely removed as hereinbefore described, but including, without limitation, the heating, ventilation and air conditioning systems, shall repair any injury or damage to remain on the Sub-Lease Premises which may result from such removal at all times and restore shall become the Sub-Lease Premises to substantially the condition they were in as property of the date Landlord. The provisions of this Sub-Lease, ordinary wear and tear excepted. If at the Section 25 shall survive any termination or expiration of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Surrender. 20.01. Upon the expiration of the Term or any earlier termination of this Sub-the Lease, whether by forfeitureTenant shall remove Tenant’s Property and surrender the Demised Premises to Landlord free and clear of all liens and encumbrances, lapse oftime or otherwiselettings and occupancies, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repaircondition, reasonable ordinary wear and tear and damage excepted and taking into consideration from the existing condition elements or other casualty or from causes beyond Tenant’s reasonable control excepted. Notwithstanding the foregoing, Tenant shall not be required to deliver up the Demised Premises free of the Building. Such fixtures following liens, encumbrances, lettings and improvements shall include all plumbingoccupancies:
(a) Superior Mortgages, lighting, light fixtures, water heater (if any;
(b) Any liens or encumbrances permitted by this Lease or consented to by Landlord, including, but not limited to, Permitted Encumbrances (as defined in the Installment Sale Agreement);
(c) Any sublease or other occupancy agreement, electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary the continuation of which beyond the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such sooner termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit has been consented to Sub-Lessee, unless Sub-Lessor requests their removal in writing at by Landlord; If Tenant retains possession of the Demised Premises or before any part thereof after the expiration of the Term without Landlord’s prior consent, Tenant (without prejudice to any of Landlord’s other rights and remedies) shall pay Landlord an amount equal to double the immediately preceding Fixed Rent for the time Tenant thus remains in possession, and Tenant shall pay Landlord all Additional Rent for such period and damages, consequential and direct, sustained by reason of such termination Tenant’s retention of this Sub-Leasepossession. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage Tenant holds over due to the Sub-Lease exercise of its option to purchase the Demised Premises which may result from such removal as set forth in Article 27, the Fixed Rent shall not be doubled and restore Tenant shall not be liable for damages as long as a settlement date acceptable to Landlord has been scheduled, but rather Tenant shall pay to Landlord rent at the Sub-Lease Premises to substantially sane monthly rental in effect during the condition they were in as last month of the date of this Sub-Lease, ordinary wear lease tern up to and tear excepted. If at including the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannersettlement date.
Appears in 1 contract
Sources: Consent to Assignment (Bway Corp)
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Lease Term or otherwise, or upon the earlier termination of Sub-Lessee’s Tenant's right of possession, subject to possession ofthe Sub-Lease Premisesthe removal requirements set forth in Paragraph 12(d), Sub-Lessee will promptly, and without demand, Tenant shall surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Premises to Landlord in good condition and repairusable condition, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. If at A minimum of [***] ([***]) days prior to the expiration or earlier termination of this Sub-Lease, SubLandlord and Tenant shall coordinate a joint inspection of the Premises. Any Trade Fixtures, Tenant-Lessee’s personal Made Alterations and property has not been removed from the Sub-by Tenant prior to Lease Premises, it expiration or termination shall be irrebuttably presumed that Sub-Lessee has deemed abandoned and may be stored, removed, and disposed of by Landlord (at Tenant's expense if the Lease required removal), and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property property. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Sub-Lessor is authorized Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of [***]% of such costs, promptly upon Landlord's delivery to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-LesseeTenant of an invoice therefor together with reasonably supporting documentation. Sub-Lessor The provisions of this paragraph shall have no responsibility to safeguard such property survive the expiration or to dispose earlier termination of it in a commercially reasonable mannerthis Lease for [***] months after Lease expiration or termination.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether by forfeiture▇▇▇▇▇▇ shall surrender to Port Port’s Equipment and the Premises in good order, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlycondition, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable repair (except for ordinary wear and tear occurring after the last necessary maintenance made by ▇▇▇▇▇▇ and except for destruction or condemnation as described in Sections 19 and 20 hereof). Ordinary wear and tear shall not include any damage excepted and taking into consideration the existing condition or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of its obligations under this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal The Premises shall be surrendered clean, free of Sub-Lessee’s improvements or fixturesdebris, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal waste, and restore the Sub-Lease Premises to substantially the condition they were in Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Sub-Lease, ordinary wear Lease and tear exceptedany other encumbrances created by Port. If at On or before the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant at its sole cost shall remove from the Sub-Lease Premises, it and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 28 and Section 15.4, Tenant shall continue to be irrebuttably presumed that Sub-Lessee has abandoned responsible for the payment of Rent (as the same may be increased pursuant to Section 29.1 or 29.2 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such property delay and Sub-Lessor is authorized losses to remove Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and discardcosts. No act or conduct of Port, at Sub-Lessee’s expenseincluding, such property without prior but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Sub-Lessee. Sub-Lessor Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall have no responsibility to safeguard such property or to dispose constitute acceptance of it in the surrender of the Premises and accomplish a commercially reasonable mannertermination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon 19.01 On the last day of the Term, or the Option Term if in effect, or upon any earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon any re-entry by Landlord upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Demised Premises, Sub-Lessee will promptlyTenant shall quit and surrender the Demised Premises to Landlord broom clean, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good order, condition and repair, reasonable repair except for ordinary wear and tear and damage excepted and taking into consideration the existing condition by fire or other insured casualty, restored as provided in Section 8.01, if applicable.
19.02 Prior to such surrender, Tenant shall (a) remove any Tenant’s property not part of the Building. Such fixtures and improvements shall include personal property as otherwise provided herein, including, without being limited to, all plumbingof Tenant’s machinery, lightingequipment, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and medical equipment and air conditioningmachines bolted to the floor and such fixtures as Landlord shall designate, together whether or not previously deemed to be the property of Landlord, (b) at Landlord’s request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraph (a) above occurred, to a condition which will be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant’s needs, the Demised Premises to be restored to that state or condition as shall be useable for non-specialized, medical office use. If Tenant shall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant’s cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in granting occupancy of the Demised Premises to a future occupant, and, at Landlord’s option, Tenant shall be deemed a Tenant “at will” until compliance with all duct work. Except as otherwise specifically herein providedthe removal, all additions repair and all improvementsrestoration provisions of this Section 19.02 hereof has fully been satisfied.
19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, temporary or permanentcost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys’ fees and disbursements, resulting from delay by Tenant in or surrendering the Demised Premises upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease as provided in this Article 19, including without limitation, any claims made by lapse of time any succeeding Tenant or otherwise, without compensation or allowance or credit to Subprospective Tenant-Lessee, unless Sub-Lessor requests their removal based upon such delay.
19.04 In the event Tenant remains in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as possession of the date Demised Premises for a period of this Sub-Lease, ordinary wear and tear excepted. If at more than sixty (60) days after the termination of this Sub-Lease without the execution by Landlord and Tenant of a new Lease, Sub-Lessee’s personal property has not been removed from Tenant, at the Sub-Lease Premisesoption of Landlord, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized deemed to remove and discardbe occupying the Demised Premises as a Tenant “at will”, at Sub-Lessee’s expensea monthly rental equal to two times the Base Rent and Additional Rent payable during the last month of the Term or any Option Term, such property subject to all of the other terms of this Lease insofar as the same are applicable to an at will tenancy, and without prior notice to Sub-Lesseein any way whatsoever waiving the provisions of Section 19.03 hereof. Sub-Lessor In the event of any holdover of less than sixty (60) days, Tenant shall have no responsibility to safeguard such property pay Landlord Rent and Additional Rent at the rate in effect during the last month of the Term or to dispose of it in a commercially reasonable mannerany Option Term.
Appears in 1 contract
Sources: Sublease (Radiation Therapy Services Holdings, Inc.)
Surrender. Upon the Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Sub-Lease, whether by forfeitureTenant shall vacate and surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, lapse oftime or otherwise, or subject to ordinary wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-LesseeLease, unless Sub-Lessor requests their removal Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in writing at or before which event Tenant shall promptly remove prior to the time date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense, failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall Tenant shall, at its sole expense, remove all such items and repair any injury or damage to the Sub-Lease Premises which may result from or the Project caused by such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear exceptedremoval. If at Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed that Sub-Lessee has deemed to have abandoned such property the same, in which case Landlord may store the same at Tenant's expense (and Sub-Lessor is authorized Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with no liability to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerTenant.
Appears in 1 contract
Sources: Office Lease (Fresh Healthy Vending International, Inc.)
Surrender. Upon Subject to its rights of removal described in Section 12 above, the Lessee shall at the expiration or other termination of this Sub-LeaseLease remove all Lessee’s goods and effects from the Premises (including, whether without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by forfeiturethe Lessee, lapse oftime either inside or otherwiseoutside the Premises). Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyin the same condition as they were at the commencement of the Term, and without demandor in the case of permitted alterations, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein additions and improvements as they were put in good condition and repairduring the term hereof, reasonable wear and tear and damage excepted by fire or other casualty and taking into consideration condemnation and repairs which are Lessor’s responsibility only excepted. In the existing condition event of the BuildingLessee’s failure to remove any of Lessee’s property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’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. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or Lessee recognizes that the Lessor may be required to guarantee delivery of possession to the new occupant promptly upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such expiration or earlier termination of this Lease Lease. Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Premises to Lessor not later than the date of the expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall have all remedies available at law or in equity for Lessee’s failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by lapse of time or otherwise, without compensation or allowance or credit it which has not been consented to Sub-Lessee, unless Sub-Lessor requests their removal in writing by Lessor shall be treated as a tenancy at sufferance at the greater of (i) one and one-half times the monthly rent, or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures(ii) market rent for one (1) year (on a monthly basis), Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in plus other charges then applicable as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has and such tenancy at sufferance shall otherwise be on the terms and conditions set forth in this Lease so far as applicable. Any monies received after the termination date of the Lease will be applied for “use and occupancy only” and will not been removed from reestablish the Sub-Lease Premisestenancy and shall otherwise be on the terms and conditions set forth in this Lease, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manneras far as applicable.
Appears in 1 contract
Sources: Lease Agreement (Abiomed Inc)
Surrender. (a) Upon the expiration or earlier termination of the term of this Sub-Lease, whether Tenant shall surrender the Premises to Landlord in the same condition in which the Premises were originally received from Landlord except as repaired, replaced, rebuilt, restored, as required by forfeitureany provision of this Lease, lapse oftime except as altered or otherwiseadded to with Landlord's prior written approval, and except for ordinary wear and tear, damage or destruction (as set forth in Section 14), or taking by eminent domain. Tenant shall remove from the Premises on or prior to such expiration or earlier termination all personal property situated thereon which is not owned by Landlord, and at its cost and expense shall repair any damage caused by such removal and upon Landlord's request, remove any alteration made by Tenant which did not require or receive Landlord's prior written approval. Property not so removed shall become the property of Landlord, which may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant.
(b) Except for surrender upon the expiration or earlier termination of Sub-Lessee’s right the term hereof, no surrender to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination Landlord of this Lease by lapse or of time the Premises or otherwise, without compensation any portion thereof or allowance of any interest therein shall be valid or credit to Sub-Lessee, effective unless Sub-Lessor requests their removal agreed in writing at under signature of (i) a manager of Landlord, and (ii) so long as the estate, right, title and interest of Landlord hereunder or before in the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned assigned or mortgaged as security for the payment of indebtedness for borrowed money, an officer of each such property assignee or mortgagee. No act by any other representative or agent of Landlord, and Sub-Lessor is authorized to remove no act by Landlord, other than such an agreement and discardacceptance so signed, at Sub-Lessee’s expense, shall constitute an acceptance of any such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannersurrender.
Appears in 1 contract
Sources: Lease Agreement (Guitar Center Inc)
Surrender. Upon 11.1 On the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwiseExpiration Date, or upon the earlier termination of Sub-Lesseethis Sublease or Subtenant’s right to possession ofthe Sub-Lease of the Premises, Sub-Lessee Subtenant will promptly, and without demand, at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon, to Sublandlord in as good condition and repairrepair as received, reasonable wear and tear tear, casualty and condemnation excepted; provided, however, conditions existing because of Subtenant’s failure to perform repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Said improvements that shall be surrendered free of damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningequipment, together with but shall exclude all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessorof Subtenant’s personal property and fixtures. Subtenant shall remain upon surrender to Sublandlord all keys to the Sub-Lease Premises upon and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises.
11.2 If Subtenant performs any Alterations, Subtenant shall be obligated to remove such termination Alterations and restore the Premises to the condition existing on the Commencement Date (or on such earlier date as Subtenant first entered the Premises) if the Sublandlord required such removal and restoration pursuant to Section 9.1 above. Notwithstanding anything to the contrary herein, Subtenant’s removal and restoration obligations under this Sublease shall be limited to the removal and restoration of this Lease Subtenant’s (i) branded/logo signage in the Premises or Building, (ii) roof top equipment, (iii) communications or computer wires and cables (as defined in Section 29.32 (Communications and Computer Lines) of the Original Lease) to the extent installed by lapse Subtenant, and (iv) all Alterations and improvements performed by or on behalf of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their Subtenant and improvements provided by Subtenant approved by Sublandlord if Sublandlord required removal in writing at or before the time of its approval of such termination of this Sub-LeaseAlterations pursuant to Section 9.1 above. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.All Alterations
Appears in 1 contract
Sources: Sublease (Biomea Fusion, Inc.)
Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Sub-Lease, whether Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling installed by forfeitureor on behalf of Tenant (unless Landlord directs Tenant otherwise), lapse oftime and all other personal property installed by Tenant or otherwiseits assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or upon otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of Sub-Lesseethis Lease, ▇▇▇▇▇▇’s right occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to possession ofthe Sub-the provisions of this Lease Premises(unless clearly inapplicable), Sub-Lessee will promptlyexcept that for the first month of any holdover, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and without demandthereafter, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration Monthly Rent shall be double the existing condition of Monthly Rent payable for the Buildinglast full month immediately preceding the holdover. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary No holdover or permanent, in payment by Tenant after the expiration or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by lapse of time summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without compensation obligation to provide Tenant any notice or allowance or credit to Sub-Lesseecure period, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as all of the date remedies available to Landlord in the event of this Sub-Leasea Tenant default, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed liable for all damages, including consequential damages, that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose Landlord suffers as a result of it in a commercially reasonable manner.the holdover..
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Surrender. Upon Tenant agrees that, on the last day of the Lease Term, or on the sooner termination of this Sub-Lease, whether Tenant shall surrender the Premises promptly and peaceably to Landlord in as good a condition and repair as received on the Commencement Date (damage by forfeitureActs of God, lapse oftime or otherwisecasualties, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesfire, Sub-Lessee will promptlynormal wear, tear and obsolescence, condemnation, and without demandAlterations, surrender and deliver up as hereinafter defined, which Tenant is not required to remove under the Sub-Lease Premisesterms of this Lease, excepted), together with the Tenant Improvements which may have been made in, to, or on the Premises), with all fixtures therein interior walls cleaned and improvements in good condition repaired or replaced, if damaged; all floors broom cleaned; all carpets cleaned; and repairall broken, reasonable wear and tear and damage excepted and taking into consideration marred or nonconforming acoustical ceiling tiles replaced. On or before the existing condition end of the Building. Such Term or sooner termination of this Lease, Tenant shall remove all of Tenant's personal property and trade fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except the "Tenant's Property") from the Premises as otherwise specifically herein set forth in Section 8.10 below; provided, all additions and all improvementshowever, temporary Tenant shall not remove or permanent, in demolish the Tenant Improvements. All of Tenant's Property not so removed on or upon before the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon end of the Sub-Lease Premises upon such Term or sooner termination of this Lease shall be deemed abandoned by lapse of time or otherwiseTenant. Landlord may, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such upon termination of this Sub-Lease, remove all Tenant's Property so abandoned by Tenant, at Tenant's sole cost and expense, and repair any damage caused by such removal at Tenant's sole cost and expense. On the expiration or sooner termination of this Lease, Tenant shall not be required to remove or demolish the Tenant Improvements and Tenant shall not be required to remove or demolish any Alterations made to the Premises by Tenant during the term of this Lease except as described in Section 8 of this Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to Premises are not surrendered at the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as end of the date of this Sub-Lease, ordinary wear and tear excepted. If at the term or sooner termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant shall indemnify and hold Landlord harmless from and against loss or liability resulting from the Sub-Lease delay by Tenant in so surrendering the Premises, it including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be irrebuttably presumed that Sub-Lessee has abandoned such property construed as an extension of the Term hereof or as a consent of Landlord to any holding over by Tenant. The cancellation of this Lease on the mutual agreement and Sub-Lessor is authorized to remove consent of both Landlord and discardTenant shall not work as a merger and, at Sub-Lessee’s expensethe option of Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such property without prior notice to Sub-Lessee. Sub-Lessor subleases or subtenancies; provided that, if Landlord elects an assignment Landlord shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerfully and finally release Tenant from all further obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ilog Sa)
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage excepted and taking into consideration or deterioration to the existing condition floors of the Building. Such fixtures and improvements shall include all plumbingPremises arising from the use of forklifts in, lightingon or about the Premises (including, light fixtureswithout limitation, water heater (if anyany marks or stains on any portion of the floors), electricaland any damage or deterioration that would have been prevented by proper maintenance by Tenant, heatingor Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, cooling (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and ventilating fixtures Tenant's signage from the Premises, the Building and equipment the Project and air conditioningrepair any damage caused by such removal, together with all duct work. Except as otherwise specifically herein providedand (ii) Landlord may, all additions and all improvements, temporary or permanent, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant's expense to remove any or all Alterations and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto, and to repair any damage caused by lapse such removal. Any of time or otherwiseTenant's property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, without compensation or allowance or credit to Sub-Lesseeremoved, unless Sub-Lessor requests their removal in writing and disposed of by Landlord at or before the time Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Sub-Lease. If Sub-Lessor requests , and in accordance with the removal provisions of Sub-Lessee’s improvements this Paragraph 11 and Paragraph 32(b) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all loss or fixturesliability resulting from delay by Tenant in so surrendering the Premises including, Sub-Lessee shall repair without limitation, any injury loss or damage to the Sub-Lease Premises which may result liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and restore losses to Landlord due to lost opportunities to lease any portion of the Sub-Lease Premises to substantially the condition they were any such succeeding tenant or prospective tenant, together with, in as of the date of this Sub-Leaseeach case, ordinary wear actual attorneys' fees and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannercosts.
Appears in 1 contract
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Lease Term or otherwise, or upon the earlier termination of SubTenant's right of possession, all Tenant Made Alterations and Non-Lessee’s Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall have the right to possession ofthe Subremove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Lease Premises, SubMade Alterations and/or Non-Lessee will promptlyStructural Alterations and/or the Initial Improvements, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and to repair any damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there caused by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixturessame condition as received, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. If Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required -10- <PAGE> herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Lease Term shall survive the termination of the Lease Term, Sub-Lessee’s personal property has not been removed from including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the Sub-Lease condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon the expiration or termination of this Sub-Lease, whether by forfeitureTenant shall surrender the Premises to Landlord in its original condition, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, except for reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein from casualty or condemnation; provided, all additions and all improvementshowever, temporary that prior to the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease Tenant shall remove from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by lapse Landlord to remove under the provisions of time or otherwisethis Lease. Tenant shall also be responsible for removal of all telephone cables and wires, without compensation or allowance or credit to Sub-LesseeCRT, unless Sub-Lessor requests their removal data and telephone equipment, and any other form of cabling that exists in writing at or before Tenant's space and was installed after the time Completion Date. If any of such removal is not completed at the expiration or termination of this Sub-Lease, Landlord may remove the same at Tenant's expense. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or Any damage to the Sub-Lease Premises which may result from or the Building caused by such removal and restore the Sub-Lease Premises shall be repaired promptly by Tenant or, if Tenant fails to substantially the condition they were do so, Landlord may do so at Tenant's expense, in as of the date of this Sub-Lease, ordinary wear and tear excepted. If which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant's obligations under this Paragraph shall survive the expiration or termination of this Sub-Lease. Upon expiration or termination of this Lease or of Tenant's possession, Sub-Lessee’s personal property has not been removed from Tenant shall surrender all keys to the Sub-Lease Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.Please Initial Tenant ( ) Landlord ( )
Appears in 1 contract
Sources: Sublease (Nextcard Inc)
Surrender. Upon the expiration or other termination of this Sub-Lease, whether by forfeitureTenant shall surrender the Premises to Landlord vacant and broom-clean, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein improvements and improvements Alterations (except as provided below) in their good condition and repaircondition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein any changes resulting from approved Alterations; provided, all additions and all improvementshowever, temporary that prior to the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by lapse Landlord to remove under the provisions of time this Lease and all of Tenant’s Property and trade fixtures. If such removal is not completed at the expiration or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such other termination of this SubLease, Landlord may 1005628.07/SF 375170-Lease00002/11-24-16/mrm/mrm -44- remove the same at Tenant’s expense. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or Any damage to the Sub-Lease Premises which may result from or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and restore walls, but Tenant shall not be required to re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the Sub-Lease Premises to substantially shall be governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall survive the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the expiration or other termination of this Sub-Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Sub-Lessee’s personal property has not been removed from Tenant shall surrender all keys to the Sub-Lease Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. A. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime of time or otherwise, or upon the termination of Sub-Lessee’s 's right to possession ofthe Sub-Lease of the Leased Premises, Sub-Lessee will promptly, and without demand, at once surrender and deliver up the Sub-Lease Leased Premises, together with all fixtures fixtures, therein and improvements thereon, to Landlord in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Buildingexcepted. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s Landlord's property and shall remain upon the Sub-Lease Leased Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor Landlord requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor Landlord requests the removal of Sub-Lessee’s 's improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Leased Premises which may result from such removal and restore removal.
B. Lessee agrees that if Lessee does not surrender the Sub-Lease Leased Premises to substantially Landlord, at the condition they were in as end of the date term of this Sub-Lease or upon any cancellation of the term of this Lease, ordinary wear and tear excepted. If at then Lessee shall pay to Landlord all damages that Landlord may suffer on account of Lessee's failure to surrender to Landlord possession of the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Leased Premises, it shall be irrebuttably presumed that Sub-and will indemnify and save Landlord harmless from and against all claims made by any succeeding tenant of said premises against Landlord on account of delay of Landlord in delivery of possession of said premises to said succeeding tenant so far as such delay is occasioned by failure of Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerso surrender said premises.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Sub-Lease, whether by forfeitureTenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, except for reasonable wear and tear tear, damage from casualty or condemnation and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein any changes resulting from approved Alterations; provided, all additions and all improvementshowever, temporary that not later than the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by lapse of time Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & A1terations, and repair any damage caused by such removal provided, however, upon expiration or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-LeaseLease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. In no event shall Tenant be required to remove Tenant Improvements, except those Tenant Improvements, if any, identified by Landlord when Landlord approves the Construction Documents (as defined in Exhibit B attached hereto). If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore is not completed upon the Sub-Lease Premises to substantially the condition they were in as expiration or termination of the date Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of this Sub-Leaseremoval and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, ordinary wear and tear exceptedstorage, retention, or disposition of any such property. If at the Upon expiration or termination of this Sub-Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Natus Medical Inc)
Surrender. Upon No later than the Expiration Date or earlier termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s Tenant's right to possession ofthe Sub-Lease Premisesof the Premises (“Surrender Date”), Sub-Lessee will promptlyTenant must vacate and surrender the Premises to Landlord in good order and condition, vacant, broom clean, and without demandin conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, surrender and deliver up if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant's occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Sub-Lease PremisesSurrender Date, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the BuildingRent that would otherwise be due under this Lease, without prorating for any partial month of holdover. Such fixtures The “Holdover Percentage” equals: (i) 150% for the first month of holdover; and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination ii) 200% for any period of holdover beyond 1 month The provisions of this Lease Section ▇▇▇▇ not constitute a waiver by lapse Landlord of time any right of reentry as set forth in this Lease, nor will receipt of any Rent or otherwise, without compensation or allowance or credit any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of terminate this Sub-Lease. If Sub-Lessor requests Tenant fails to vacate and surrender the removal Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs, losses, expenses, or liabilities incurred as a result of Sub-Lessee’s improvements such failure No later than the Surrender Date, at Tenant's expense Tenant must remove from the Premises Tenant's Property, all alterations to the Premises made by or fixtureson behalf of Tenant, Sub-Lessee shall repair and all telephone, security, and communication equipment system wiring and cabling, and restore in a good and workmanlike manner any injury or damage to the Sub-Lease Premises which may result from and/or the Building caused by such removal and restore or replace the Sub-Lease Premises to substantially the condition they were in as damaged component of the date Premises and/or the Building if such component cannot be restored as reasonably determined by Landlord. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period through the Surrender Date and the terms of this Sub-Lease, ordinary wear and tear excepted. If at Section survive the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerExpiration Date.
Appears in 1 contract
Sources: Lease (Inpixon)
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether Tenant shall surrender the Premises to Landlord broom clean and in good condition, except for reasonable wear and tear, damage from Casualty or a Taking not required to be repaired by forfeitureTenant, lapse oftime and Landlord’s repair and maintenance obligations; provided, however, that, except as otherwise notified by Landlord, Tenant shall, at its expense prior to the expiration or otherwise, or upon the earlier termination of Sub-Lesseethis Lease, remove from the Premises (a) any Alterations, and (b) all of Tenant’s right to possession ofthe Sub-Lease Personal Property, including all telephone cables and wires, data and telephone equipment, and any other form of Cabling serving the Premises, Subwhether or not installed by Tenant. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant and, with respect to any Alterations, Tenant shall restore the affected portion of the Premises to its condition existing before the installation of such Alterations (or, at Landlord’s election, to a Building-Lessee standard tenant-improved condition as determined by Landlord). If ▇▇▇▇▇▇’s request for ▇▇▇▇▇▇▇▇’s approval of any proposed Alterations contains a request that Landlord identify the portion of such work that Landlord will promptlyrequire Tenant to remove as provided above, and without demandthen Landlord will, surrender and deliver up at the Subtime it approves the Alterations, identify such portion thereof, if any, that Landlord will require Tenant to so remove. If, however, at the time Landlord approves any Alterations, Landlord does not for any reason identify the portion thereof required to be removed, Landlord shall be deemed to have required that the Alterations, to the extent the same constitute Above-Lease PremisesStandard Improvements, be removed prior to the expiration or termination of this Lease. Tenant shall not be obligated to remove any of the Suite Improvements at the expiration or sooner termination of the Lease. If Tenant fails to perform its obligations under this Section 24.1 on or before the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense, in which event Tenant shall reimburse Landlord for such expense within thirty (30) days after written demand accompanied by reasonable supporting documentation, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration interest at the existing condition Default Rate from the date such expenses were incurred until so paid. Tenant’s obligations under this Section 24.1 shall survive the expiration or earlier termination of this Lease. Upon the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease by lapse and of time or otherwiseTenant’s right to possession, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee Tenant shall repair any injury or damage surrender all keys to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as or any other part of the date Building, and shall make known to Landlord the combination of this Sub-Leaselocks on all safes, ordinary wear cabinets and tear excepted. If at vaults that may be located in the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon (a) At the termination or expiration of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Lease as to any portion of the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will Tenant and its Subtenants shall promptly, peaceably, quietly and without demandin good order quit, surrender and deliver up and return the Sub-Premises (or that portion as to which the Lease Premiseshas terminated, together with all fixtures therein and improvements in the case of a partial termination) in good condition and repair, reasonable ordinary wear and tear and damage excepted by fire or other casualty excepted. Except as provided below, Tenant and taking into consideration its Subtenants must remove all of Tenant’s personal property from the existing condition Premises or the affected portions of the BuildingPremises within three (3) days following the date of termination or expiration of this Lease. Such All Improvements installed by or for Tenant and each of its Subtenants shall remain in the Premises and shall in no event shall be required to be removed by Tenant or its Subtenants. Tenant shall or shall cause its Subtenants to repair any damage to the Concession Premises caused by Tenant’s or its Subtenant’s removal of personal property, trade fixtures and improvements other items which Tenant or its Subtenants are permitted to remove. All the removal and repair required of Tenant under this Section are at Tenant’s sole or its Subtenant’s cost and expense.
(b) If Tenant or its Subtenants fail to perform any of their obligations, then the Commissioner may cause the obligations to be performed and Tenant shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningpay the cost of the performance, together with all duct work. Except as otherwise specifically herein provided, all additions interest thereon at the Default Rate from and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of after the date the costs were incurred until receipt of this Sub-Lease, ordinary wear and tear exceptedfull payment therefor. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed that Sub-Lessee has permitted to pass through any such costs and expenses to applicable Subtenants as the case may be. Any property of Tenant not or its Subtenants removed by Tenant or its Subtenant’s in accordance herewith is deemed abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to the Commissioner may dispose of it as she sees fit, without any liability to Tenant or any other person.
(c) Any Improvements remaining in the Premises shall become property of the City, except that all of Tenant’s or its Subtenant’s trade dress, service marks, trademarks and trade names must be removed, obliterated or painted out in a commercially reasonable mannermanner at Tenant’s or its Subtenant’s cost, within three (3) days following the expiration or termination of the Term.
Appears in 1 contract
Sources: Concession Redevelopment and Management Lease Agreement (Southeast Airport Group)
Surrender. Upon 10.1 On the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwiseExpiration Date, or upon the earlier termination of Sub-Lessee’s this Sublease or of Subtenant's right to possession ofthe Sub-Lease of the Sublease Premises, Sub-Lessee will promptly, and without demand, Subtenant shall at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Sublease Premises to Sublandlord in good the same condition and repairas existed on the Sublease Commencement Date, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbingapproved or permitted Alterations, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage which is not required pursuant to the Sub-Lease Premises which may result from such removal express terms and provisions of this Sublease excepted; provided, however, conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed reasonable wear and tear. Subtenant shall surrender to Sublandlord all keys to the Sublease Premises.
10.2 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any alterations performed by Sublandlord prior to the Sublease Commencement Date or to restore the Sub-Lease Sublease Premises to substantially their condition prior to Sublandlord's making of such alterations.
10.3 If Sublandlord is required under the condition they were in Master Lease to remove any alterations performed by Sublandlord prior to the Expiration Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing such alterations and restoring the Sublease Premises as required by the Master Lease. However, if either Sublandlord or Subtenant reasonably determines that Sublandlord's entry prior to the Expiration Date is not compatible with Subtenant's continued use of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Sublease Premises, it then Sublandlord's entry shall be irrebuttably presumed that Sub-Lessee has abandoned permitted, but all Rent hereunder shall be abated during such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerincompatibility period.
Appears in 1 contract
Sources: Sublease (Senti Biosciences, Inc.)
Surrender. Upon the expiration or earllier termination of this Sub-Lease, whether Tenant shall peaceably leave and surrender the Leased Premise (except as to any portion thereof with respect to which this Lease has previously terminated) to Landdlord in the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as to any repair or Alteration as permitted or required by forfeiture, lapse oftime or otherwise, or upon the termination any provision of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlythis Lease, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable except for ordinary wear and tear and damage excepted by fire, casualty or condemnation but only to the extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant's sole cost and taking into consideration expense from the existing condition of Leased Premises on or prior to the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease Lease, Tenant's Trade Fixtures, Inventory and any personal property which is owned by lapse of time Tenant or otherwisethird parties other than Landlord, without compensation and Tenant at its expense shall, on or allowance prior to such . expiration or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to caused by such removal. Tenant's Trade Fixtures and personal property not so removed at the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as expiration of the date of this Sub-Lease, ordinary wear and tear excepted. If at Term or within thirty (30) days after the earlier termination of this Sub-Leasethe Term for any reason whatsoever shall become the property of Landlord, Sub-Lessee’s personal and Landlord max thereafter cause such property has not been to be removed from the Sub-Lease Leased Premises, it . Landlord shall not in any manner or to any extent be irrebuttably presumed obligated to reimburse Tenant for any property that Sub-Lessee has abandoned becomes the property of Landlord in the manner set forth in the proceeding sentence. Upon such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor expiration or earlier termination of the Term hereof no party shall have no responsibility to safeguard such property any further rights or to dispose of it in a commercially reasonable mannerobligations hereunder except as specifically provided herein.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Surrender. Upon On the termination last day of the Term of this Sub-LeaseLease Agreement or on the sooner termination thereof in accordance with the terms hereof, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall peaceably surrender the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Premises in good condition and repairrepair consistent with Tenant's duty to make repairs as provided in Article 9 hereof. On or before said last day, reasonable wear Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and tear any property not removed shall be deemed abandoned. All alterations, additions and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light other than Tenant's trade fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary which have been made or permanent, in installed by either Landlord or Tenant upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s remain as Landlord's property and shall remain upon be surrendered with the Sub-Lease Premises upon such as a part thereof, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Premises (hereafter "Wiring") shall be removed at Tenant's cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord's property. If the Premises are not surrendered at the end of the Term or the sooner termination of this Lease thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by lapse of time or otherwiseTenant in so surrendering the Premises, including, without compensation or allowance or credit to Sub-Lesseelimitation, unless Sub-Lessor requests their removal in writing at or before claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If Landlord at the termination place then fixed for payment of this Sub-Lease, Sub-Lessee’s personal property has not been removed from rental and shall inform Landlord of combinations on any locks and safes on the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Health Fitness Physical Therapy Inc)
Surrender. Upon Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Sub-Lease), whether by forfeiture, lapse oftime or otherwise, or upon ▇▇▇▇▇▇ shall quit and surrender possession of the termination of Sub-Lessee’s right Leased Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, Landlord in as good order and without demand, surrender and deliver up condition as they were in on the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairTerm Commencement Date, reasonable wear and tear, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear and shall not include any damage excepted and taking into consideration the existing condition or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of the Buildingits obligations under this Lease. Such fixtures and improvements shall include Tenant shall, without cost to Landlord, remove all plumbingfurniture, lightingequipment, light trade fixtures, water heater (if any)debris and articles of personal property owned by Tenant in the Leased Premises, electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon repair any damage to the Sub-Lease Premises upon Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease by lapse Lease) shall be considered abandoned, and Landlord may remove any or all of time such items and dispose of same in any lawful manner or otherwisestore same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without compensation notice to or allowance or credit demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time costs of such termination sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Sub-Lease. If Sub-Lessor requests ; and fourth, the removal of Sub-Lessee’s improvements or fixturesbalance, Sub-Lessee shall repair any injury or damage if any, to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerTenant.
Appears in 1 contract
Surrender. Upon the expiration or sooner termination of this Sub-Lease, whether by forfeitureTenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, except for
(i) reasonable wear and tear (but in all events, in accordance with Tenant’s repair and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anymaintenance obligations hereunder), electrical(ii) damage caused by any peril or condemnation, heatingand (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. If Landlord so requests, cooling and ventilating fixtures and equipment and air conditioningTenant shall, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary prior to the expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such sooner termination of this Lease Lease, remove any Tenant Improvements and/or Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore return the Sub-Lease Premises or any part thereof to substantially the condition they were in its original configuration existing as of the date of this Sub-Lease, ordinary wear and tear exceptedCommencement Date. If the Premises are not so surrendered at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by ▇▇▇▇▇▇ in so surrendering the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such property succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lesseecosts. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.#201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇...docx ACTIVE\201239119.12
Appears in 1 contract
Surrender. Upon termination of the Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in compliance with the applicable provisions of Sections 12(b), 12(c) and 12(e) above and broom clean and in good order, condition and repair, ordinary wear and tear, damages for which Landlord is responsible under this Lease, and casualty loss and condemnation excepted. Any Tenant's Property, Extraordinary Fixture, Tenant-Made Alterations and Tenant's Trade Fixtures not removed by Tenant as permitted or required herein on the expiration or within 15 days after the termination of this SubLease shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense (except that any Tenant-LeaseMade Alterations, whether by forfeitureany Extraordinary Fixtures, lapse oftime any Tenant's Trade Fixtures and any items of Tenant's Property that Tenant was not required to remove and that Landlord so stores, removes or otherwisedisposes of shall be stored, or upon removed and disposed of at Landlord's expense, rather than at Tenant's expense), and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant and Landlord hereunder not fully performed as of the termination of Sub-Lessee’s right to possession ofthe Sub-the Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements Term shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at survive the termination of this Sub-Leasethe Lease Term, Sub-Lessee’s personal property has not been removed from including without limitation, indemnity obligations, payment obligations with respect to Additional Rent for the Sub-Lease Common Area Land and obligations concerning the condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon the expiration of the Term or earlier termination of this Sub-LeaseTenant’s right of possession, whether Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by forfeitureLandlord to remain in the Premises, lapse oftime or otherwisefree of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or upon released or disposed of from, the termination of Sub-Lessee’s right to possession ofthe Sub-Lease PremisesPremises by Tenant or any Tenant Parties, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from L▇▇▇▇▇▇▇’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Term, Sub-Lessee’s personal property has not been removed from including the Sub-Lease obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Alumis Inc.)
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether by forfeitureTenant shall surrender to Port the Premises in good order, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlycondition, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage excepted and taking into consideration the existing condition or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of its obligations under this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal The Premises shall be surrendered clean, free of Sub-Lessee’s improvements or fixturesdebris, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal waste, and restore the Sub-Lease Premises to substantially the condition they were in Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Sub-Lease, ordinary wear Lease and tear exceptedany other encumbrances created by Port. If at On or before the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant at its sole cost shall remove from the Sub-Lease Premises, it and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 13.6, Tenant shall continue to be irrebuttably presumed that Sub-Lessee has abandoned responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such property delay and Sub-Lessor is authorized losses to remove Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and discardcosts. No act or conduct of Port, at Sub-Lessee’s expenseincluding, such property without prior but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Sub-Lessee. Sub-Lessor Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall have no responsibility to safeguard such property or to dispose constitute acceptance of it in the surrender of the Premises and accomplish a commercially reasonable mannertermination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon Section 21.1 On the termination last day of this Sub-Lease, whether by forfeiture, lapse oftime or otherwisethe term demised, or upon on the sooner termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesthereof, Sub-Lessee will promptly, Tenant shall peaceably and without demandquietly leave, surrender and deliver yield up unto Landlord the Sub-Lease Demised Premises, together with all fixtures therein and improvements broom-clean, in good condition order and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted, together with all alterations, additions and improvements which may have been made in the Demised Premises, except as otherwise provided for under this Lease. All property not removed by Tenant shall be deemed abandoned by Tenant. If the Demised Premises are not surrendered at the termination end of the term in the condition and on the basis provided for in this Sub-Lease, Sub-LesseeTenant shall indemnify Landlord against damage, loss and liability resulting from Tenant’s personal property has not been removed from failure or refusal to surrender the Sub-Lease Demised Premises in the condition and on the basis provided in this Lease, and Tenant, on demand of Landlord, shall reimburse Landlord for such damage, loss and liability and which damage, loss and liability shall include, without limitation, claims made by any succeeding tenant founded on Landlord’s delay in delivering the Demised Premises. Notwithstanding anything to the contrary herein contained, it Tenant agrees that the minimal use and occupancy charge payable by Tenant for any holdover period shall be irrebuttably presumed that Sub-Lessee has abandoned at a per annum rate (prorated for the holdover period) equal to one and one half times the rent payable by Tenant for the last lease year of the expired term, but nothing herein contained shall be a consent by Landlord to such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerholdover.
Appears in 1 contract
Sources: Lease Agreement (Nathans Famous Inc)
Surrender. Upon the termination expiration of this Sub-Lease, whether by forfeiture, lapse oftime or otherwiseSublease, or upon the termination of Sub-Lesseethe Sublease or of the Tenant’s right to possession ofthe Sub-Lease of the Premises, Sub-Lessee Tenant will promptly, and without demand, at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon (except as provided below), to Landlord in good condition and repair, reasonable wear and tear and damage excepted casualty excepted. Conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed “reasonable wear and taking into consideration tear.” Tenant shall surrender to Landlord all keys to the existing condition Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the BuildingPremises. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, All Alterations in or upon the Sub-Lease Premises placed there made by Sub-Lessee Tenant shall become Sub-Lessor’s property a part of and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwisewithout compensation, without compensation or allowance or credit to Sub-LesseeTenant, unless Sub-Lessor requests their removal except as otherwise provided in writing at or before the time Prime Lease. Tenant shall also remove any Alterations made by Tenant, which Prime Landlord may require Landlord to remove (and repair any damage caused by such removal), pursuant to the terms of such termination of this Sub-the Prime Lease. If Sub-Lessor requests the Prime Landlord requires removal of Sub-Lessee’s improvements any Alteration made by Tenant, or fixturesa portion thereof, Sub-Lessee shall and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any injury damage occasion thereby and redecorate such damaged area), and dispose thereof, or damage at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. If this Sublease terminates prior to the Sub-Lease Premises which may Expiration Date as a result from such removal and restore the Sub-Lease Premises of a breach by Tenant then Tenant shall deliver all Furniture to Landlord in substantially the same condition they were in as of it exists on the date of this Sub-LeaseCommencement Date, ordinary wear and tear excepted. If at and casualty excepted (and Tenant’s license to use the Furniture shall automatically cease), immediately upon such early termination of this Sub-LeaseSublease. Upon the Expiration Date, Sub-Lesseeabsent a default hereunder, the Furniture shall become Tenant’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized Landlord shall execute a ▇▇▇▇ of sale (without recourse, representation or warranty) in favor of Tenant to remove and discard, at Sub-Lessee’s expense, evidence such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose transfer of it in a commercially reasonable mannerownership.
Appears in 1 contract
Sources: Sublease (Everyday Health, Inc.)
Surrender. Upon Tenant agrees on the termination last day of this Sub-Lease, whether by forfeiture, lapse oftime or otherwisethe Lease Term, or upon promptly following any sooner termination, to surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up Landlord in the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairreceived by Tenant, reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials as defined in paragraph 18 hereof (other than those stored, used, or disposed of by Tenant in or about the Premises in violation of "Law" as defined in subparagraph 11.B.1), and damage excepted and taking into consideration Alterations as defined in subparagraph 10.A made by Tenant which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant shall ascertain from Landlord within thirty (30) days before the existing condition end of the BuildingLease Term whether Landlord will require Tenant to remove any Alterations made by Tenant at the Premises; provided that Landlord shall not require Tenant to remove any Alteration which Landlord has previously indicated may remain at the Premises. Such fixtures and improvements If Landlord shall include all plumbingso require, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except then Tenant shall remove such Alterations as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property Landlord may designate and shall remain upon repair any damage to the Sub-Premises occasioned by the removal before the expiration of the Lease Premises upon such Term or promptly following any sooner termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at Tenant's sole cost and expense. On or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as end of the date Lease Term or promptly following any sooner termination, Tenant shall remove all of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s its personal property has not been removed and trade fixtures from the Sub-Lease Premises, it and all property not so removed shall be irrebuttably presumed that Sub-Lessee has deemed to be abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerby Tenant.
Appears in 1 contract
Sources: Lease Agreement (Aehr Test Systems)
Surrender. Upon Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Sub-Lease), whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall quit and surrender possession of the termination of Sub-Lessee’s right Leased Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, Landlord in as good order and without demand, surrender and deliver up condition as they were in on the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairapplicable Term Commencement Date, reasonable wear and tear, the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear and shall not include any damage excepted and taking into consideration the existing condition or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of the Buildingits obligations under this Lease. Such fixtures and improvements shall include Tenant shall, without cost to Landlord, remove all plumbingfurniture, lightingequipment, light trade fixtures, water heater (if any)debris and articles of personal property owned by Tenant in the Leased Premises, electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon repair any damage to the Sub-Lease Premises upon Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease by lapse Lease) shall be considered abandoned, and Landlord may remove any or all of time such items and dispose of same in any lawful manner or otherwisestore same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without compensation notice to or allowance or credit demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time costs of such termination sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Sub-Lease. If Sub-Lessor requests ; and fourth, the removal of Sub-Lessee’s improvements or fixturesbalance, Sub-Lessee shall repair any injury or damage if any, to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerTenant.
Appears in 1 contract
Surrender. Upon 22.1 Tenant shall on the last day of the Lease Term or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, peaceably and without demand, quietly surrender and deliver yield up to Landlord the Sub-entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Premises, together with all fixtures therein and improvements Term) in good condition order and repaircondition, reasonable wear and tear excepted, and damage excepted subject to the provisions of Articles 17 and taking into consideration 18 hereof.
22.2 On the existing condition last day of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary Lease Term or permanent, in or upon on the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon date of the Sub-Lease Premises upon such sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall have the right to remove its movable personal property (but excluding the personal property of Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the removal of same. Any property not removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by lapse Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of-pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of time same and in restoring the Premises.
22.3 If any subtenant of Tenant or otherwiseanyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the same shall constitute a "holding over" by Tenant.
22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by ▇▇▇▇▇▇ in surrendering the Premises upon expiration or sooner termination of the Lease Term, including, without compensation limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or allowance willful misconduct of Landlord. The Parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. ▇▇▇▇▇▇ therefore agrees that if possession of the Premises is not surrendered to Landlord within two (2) days after the date of the expiration or credit sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which ▇▇▇▇▇▇ holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to Subone and one-Lesseehalf (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, unless Suband (ii) for the period thereafter during which ▇▇▇▇▇▇ holds over in the Premises after expiration or sooner termination of the Lease Term, a sum per month equal to two and one-Lessor requests their removal in writing at half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or before termination of the time of such Lease Term.
22.5 Tenant's obligations under this Article 22 shall survive the expiration or earlier termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed and all non-working light bulbs and ballasts replaced, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage excepted and taking into consideration or deterioration to the existing condition floors of the BuildingPremises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors) any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. Such fixtures On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and improvements shall include all plumbingTenant’s signage from the Premises, lightingthe Building and the Project and repair any damage caused by such removal, light fixturesand (ii) Landlord may, water heater by notice to Tenant given not later than ninety (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, 90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations and to repair any damage caused by lapse such removal. Any of time or otherwiseTenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, without compensation or allowance or credit to Sub-Lesseeremoved, unless Sub-Lessor requests their removal in writing and disposed of by Landlord at or before the time Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Sub-Lease. If Sub-Lessor requests , and in accordance with the removal provisions of Sub-Lessee’s improvements this Paragraph 12 and Paragraph 33(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or fixturesliability resulting from delay by Tenant in so surrendering the Premises including, Sub-Lessee shall repair without limitation, any injury loss or damage to the Sub-Lease Premises which may result liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and restore losses to Landlord due to lost opportunities to lease any portion of the Sub-Lease Premises to substantially the condition they were any such succeeding tenant or prospective tenant, together with, in as of the date of this Sub-Leaseeach case, ordinary wear actual attorneys’ fees and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannercosts.
Appears in 1 contract
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime of time or otherwise, or upon the termination of Sub-Lessee’s Tenant's right to possession ofthe Sub-Lease of the Premises, Sub-Lessee Tenant will promptly, and without demand, at once surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements thereon, to Landlord, in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Buildingexcepted. Such fixtures and Said improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioningequipment, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvementsAlterations. All Alterations, temporary or permanent, made in or upon the Sub-Lease Leased Premises placed there by Sub-Lessee Tenant shall become Sub-Lessor’s Landlord's property and shall remain upon the Sub-Lease Leased Premises upon on any such termination of this Lease by lapse of time or otherwisewithout compensation, without compensation or allowance or credit to Sub-LesseeTenant; provided, unless Sub-Lessor requests however, that Landlord shall have the right to require Tenant to remove any Alterations and all furniture, machinery, trade fixtures and other items of movable personal property of every kind and description (collectively "Trade Fixtures") and to restore the Premises to their condition prior to the making of such Alterations or placement of Trade Fixtures, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before ten (10) days after any such termination. If Landlord requires removal of any Alterations or Trade Fixtures, and Tenant does not make such removal in writing accordance with this Section 17.0 at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests termination, or within ten (10) days after such request, whichever is later, Landlord may remove the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall same (and repair any injury or damage to the Sub-Lease Premises which may result from such removal occasioned thereby), and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discarddispose thereof or, at Sub-Lessee’s expenseits election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such property without prior notice removal, repair, delivery and warehousing to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerLandlord on demand.
Appears in 1 contract
Surrender. Upon the expiration or termination of this Sub-Lease, whether Tenant shall surrender the Premises and all tenant improvements, Permitted Alterations and Alterations (including, without limitation, any tenant improvements installed by forfeiture, lapse oftime Landlord or otherwise, or upon Tenant pursuant to the termination of Sub-Lessee’s right Existing Leases prior to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlythe Commencement Date, and without demandthe Tenant Improvements, surrender if applicable) to Landlord broom-clean and deliver up the Sub-Lease Premisesin their original condition, together with all fixtures therein and improvements in good condition and repair, except for reasonable wear and tear tear, damage from casualty or condemnation and any changes resulting from Permitted Alterations and approved Alterations and the Tenant Improvements, if applicable; provided, however, that prior to the expiration or termination of this Lease, Tenant shall remove all from the Premises all of Tenant's personal property and any Trade Fixtures and all Alterations, Permitted Alterations and Tenant Improvements that Landlord has elected to require Tenant to remove (except that Landlord will not be permitted to require Tenant to remove (a) any Alterations and Permitted Alterations that Landlord advised Tenant in writing that Tenant would not be required to remove in accordance with Section 7.1 above, (b) any tenant improvements installed by Landlord or Tenant pursuant to the Existing Leases prior to the Commencement Date, or (c) any Tenant Improvements that Landlord advised Tenant in writing that Tenant would not be required to remove in accordance with Exhibit C) and repair any damage excepted caused by such removal, and taking into consideration if such removal is not timely completed, Landlord shall have the existing condition right (but no obligation) to remove the same, and Tenant shall pay Landlord as Additional Rent on demand for all costs of removal and storage thereof and for the rental value of the BuildingPremises for the period from the end of the Term through the end of the time reasonably required for such removal. Such fixtures Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and improvements retrieve the property within twenty (20) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall include be transferred to and vest in Landlord). Tenant waives all plumbingClaims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, lightingstorage, light fixturesretention, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct workor disposition of any such property. Except as otherwise specifically herein provided, all additions and all improvements, temporary Upon expiration or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse or of time Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or otherwiseany other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, without compensation cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section 15.1 shall survive the expiration or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Yelp Inc)
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Lease Term or otherwise, or upon the earlier termination of Sub-LesseeTenant’s right to possession ofthe Sub-Lease Premisesof possession, Sub-Lessee will promptly, and without demand, T▇▇▇▇▇ shall surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially Landlord in the same condition they were in as of the date of this Sub-Leasereceived, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 16 and 17 and maintenance, repairs and replacements that are not T▇▇▇▇▇’s obligation hereunder excepted. If Tenant shall meet with Landlord for a joint inspection of the Premises at the time of vacating. Tenant shall remove all of Tenant’s Personal Property within sixty (60) days of any termination of the Lease or Tenant’s right to possession, and any such period of required by Tenant to complete such removal shall be considered a period of holding over and the terms of Section 23 shall apply. Landlord can elect to retain or dispose, at Tenant’s cost, of any of Tenant’s Personal Property that Tenant does not remove from the Premises in accordance with the foregoing provision after giving at least sixty (60) days’ prior written notice to Tenant. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive such termination, including indemnity obligations, payment obligations with respect to Operating Expenses and Taxes and all obligations concerning the condition and repair of the Premises, including Remediation of any Hazardous Substances as required under this Sub-Lease. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Sub-Lesseethen Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all direct out of pocket costs associated therewith, plus an administrative fee of 10% of such costs, promptly upon Landlord’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized delivery to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose Tenant of it in a commercially reasonable manneran invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Canoo Inc.)
Surrender. Upon At the expiration of the Term or earlier termination of this Sub-Lease, whether by forfeiturewithout the requirement of any notice, lapse oftime Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyelectricity meters, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except such alterations and additions as Landlord shall direct Tenant to remove including cabling (provided, however, that Tenant shall not be directed to remove Tenant’s Initial Construction or any subsequent Tenant Work installed with Landlord’s approval unless, at the time of Landlord’s approval of such Tenant Work, Landlord specifically notified Tenant that Tenant would be directed to remove that Tenant Work from the Premises at the expiration of the Term), and Tenant shall leave the Premises and improvements in good the condition in which the same are required to be maintained under Section 5.1. In no event shall Tenant be required to remove the data room and repairfitness room fixtures identified in Exhibit H. Tenant shall, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixturesSection 5.11, Sub-Lessee shall repair making any injury or damage repairs to the Sub-Lease Premises which may result from and other areas necessitated by such removal and restore leaving the Sub-Lease Premises clean and tenantable. Should Tenant fail to substantially remove any of such goods, effects, and fixtures, Landlord may, after notice, have them removed forcibly, if necessary, and store any of Tenant’s property in a public warehouse at the condition they were in as risk of the date of this Sub-Lease, ordinary wear and tear exceptedTenant. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has such items are not been removed from the Sub-Lease Premisesstorage within thirty (30) days, it such items may be sold by any customary methods in order to pay storage costs and other expenses of Landlord. The expense of such removal, storage and reasonable repairs necessitated by such removal shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized borne solely by Tenant or at Landlord’s election reimbursed by Tenant to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 1 contract
Surrender. Upon (a) On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other insured casualty excepted, together with all Tenant Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, except to the extent Landlord shall notify Tenant in writing not later than thirty (30) days prior to the Expiration Date, remove from the Building all of Tenant's Property and restore the Premises to their condition prior to the making of such improvements. Any Tenant's Property or other personal property which shall remain in the Premises (A) after the Expiration Date or (b) for thirty (30) days after the termination of this Sub-LeaseLease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, whether Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by forfeitureLandlord in removing or disposing of any item that Tenant is required to remove and/or dispose of pursuant to this Section 21.01, lapse oftime shall be reimbursed to Landlord by Tenant as Additional Charges on demand. The obligations of Tenant under this Section 21.01(a) shall survive the expiration or otherwise, or upon the sooner termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premisesthe Lease.
(b) Tenant expressly waives, Sub-Lessee will promptlyfor itself and for any person claiming through or under Tenant, and without demand, surrender and deliver up any rights which Tenant or such person may have under the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition provisions of Section 2201 of the Building. Such fixtures New York Civil Practice Law and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling Rules and ventilating fixtures and equipment and air conditioning, together any similar successor law of same import then in force in connection with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon any holdover proceedings which Landlord may institute to enforce the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination provisions of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerArticle.
Appears in 1 contract
Surrender. Upon Tenant shall, at the termination expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, excepting only reasonable wear and tear and damage excepted and taking into consideration by fire or other insured casualty. Tenant shall have no right to hold over beyond the existing condition expiration of the Building. Such fixtures Term and improvements in the event Tenant shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except fail to deliver possession of the Premises as otherwise specifically herein provided, all additions such occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically become one hundred fifty percent (150%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be, for the first month of such holdover period, one hundred seventy five percent (175%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be, for the second month and all improvementsthereafter two hundred percent (200%) of the sum of the Rent during the last month of the Term or the Renewal Term, temporary as the case may be. The acceptance of rent by Landlord or permanent, the failure or delay of Landlord in notifying or upon evicting Tenant following the Sub-Lease Premises placed there expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Sub-Lessee Tenant shall become Sub-Lessor’s property be deemed liquidated damages to Landlord and not a penalty (it being understood that the same shall remain upon not prohibit Landlord from recovering damages from Tenant as provided below in this Article 27). It is further agreed that in the Sub-Lease Premises upon such event Tenant continues to holdover for three (3) months after the expiration or termination of this Lease Lease, Tenant shall also be liable to Landlord for any damages suffered by lapse Landlord as result of time or otherwise, without compensation or allowance or credit Tenant's failure to Sub-Lessee, unless Sub-Lessor requests their removal surrender the Premises. Landlord agrees to treat Tenant as a tenant at sufferance. Notwithstanding anything in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage Article contained to the Subcontrary, the acceptance of any Fixed Rent paid by Tenant pursuant to this Paragraph 27, shall not preclude Landlord from commencing and prosecuting a holdover or eviction action or proceeding or any action or proceeding in the nature thereof. The preceding sentence shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as c of the date Real Property Law of this Sub-Lease, ordinary wear the State of New York and tear excepted. If at the termination any successor law of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerlike import.
Appears in 1 contract
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage excepted and taking into consideration or deterioration to the existing condition floors of the Building. Such fixtures and improvements shall include all plumbingPremises arising from the use of forklifts in, lightingon or about the Premises (including, light fixtureswithout limitation, water heater (if anyany marks or stains on any portion of the floors), electricaland any damage or deterioration that would have been prevented by proper maintenance by Tenant, heatingor Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, cooling (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and ventilating fixtures Tenant's signage from the Premises, the Building and equipment the Project and air conditioningrepair any damage caused by such removal, together with all duct work. Except as otherwise specifically herein providedand (ii) Landlord may, all additions and all improvements, temporary or permanent, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant's expense to remove any or all Alterations and to repair any damage caused by lapse such removal. Any of time or otherwiseTenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, without compensation or allowance or credit to Sub-Lesseeremoved, unless Sub-Lessor requests their removal in writing and disposed of by Landlord at or before the time Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Sub-Lease. If Sub-Lessor requests , and in accordance with the removal provisions of Sub-Lessee’s improvements this Paragraph 11 and Paragraph 32(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or fixturesliability resulting from delay by Tenant in so surrendering the Premises including, Sub-Lessee shall repair without limitation, any injury loss or damage to the Sub-Lease Premises which may result liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and restore losses to Landlord due to lost opportunities to lease any portion of the Sub-Lease Premises to substantially the condition they were any such succeeding tenant or prospective tenant, together with, in as of the date of this Sub-Leaseeach case, ordinary wear actual attorneys' fees and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannercosts.
Appears in 1 contract
Sources: Lease Agreement (Finisar Corp)
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by forfeitureacts of God, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyfire, and without demandnormal wear and tear excepted), surrender but with all interior walls of the Building painted or cleaned so they appear painted, any carpets within the Building cleaned, and deliver up with all floors of the Sub-Lease PremisesBuilding cleaned and waxed, together with all fixtures therein alterations, additions and improvements which may have been made in good condition or on the Premises; except that Tenant at its expense shall remove (i) trade fixtures put in at the expense of Tenant, and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyii) except as otherwise provided in Paragraph 11(c), electricalany alterations, heatingadditions, cooling or improvements as to which Landlord has, prior to the date of surrender, consented to or requested to be removed; and ventilating fixtures (b) otherwise in accordance with Paragraph 32(f). Tenant shall repair all damage caused by such removal and equipment otherwise restore the Premises in accordance with the preceding sentence at Tenant's sole cost and air conditioning, together with all duct workexpense. Except as otherwise specifically herein provided, all additions and all improvements, temporary On or permanent, in before the expiration or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such sooner termination of this Lease by lapse Lease, Tenant shall remove all of time or otherwise, without compensation or allowance or credit to Sub-LesseeTenant's personal property from the Premises. All property of Tenant not so removed, unless Subsuch non-Lessor requests their removal is consented to by Landlord, shall be deemed abandoned by Tenant, provided that in writing at or before the time such event Tenant shall remain liable to -------- ---- Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. If the Premises are not surrendered at the end of the Term or sooner termination of this Sub-Lease. If Sub-Lessor requests , and in accordance with the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date provisions of this Sub-LeaseParagraph 10 and of Paragraph 32(f), ordinary wear and tear excepted. If at Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the termination of this Sub-LeasePremises including, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premiseswithout limitation, it shall be irrebuttably presumed that Sub-Lessee has abandoned any claims made by any succeeding tenant founded on such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerdelay.
Appears in 1 contract
Sources: Sublease Agreement (Scios Inc)
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether Tenant shall surrender the Premises to Landlord broom clean and in their condition as of the date on which the Tenant Improvements are completed, except for normal wear and tear, Hazardous Materials (other than those Handled by forfeitureTenant), lapse oftime damage from casualty or otherwisecondemnation and alterations made by Lessee with Lessor’s prior written consent which Lessee is not required to remove as a condition to Lessor’s approval of such alterations or improvements and damage due to Landlord’s failure to perform its maintenance and repair obligations. “Normal wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease or any holes on the walls that have not been patched, sanded and painted, as needed, to match the original texture of the walls. In addition, prior to the expiration or earlier termination of this Lease Tenant shall: (a) remove from the Property all Tenant’s personal property and Trade Fixtures; (b) remove all Alterations that Landlord has elected to require Tenant to remove pursuant to Paragraph 6 herein; and (c) Tenant shall repair any damage and perform any restoration work caused by removal of any of the foregoing items. In no event shall Tenant be required to remove the Tenant Improvements. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain and store all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or upon the disposition of any such property. Upon expiration or termination of Sub-Lesseethis Lease, Tenant shall surrender all keys to the Premises and any part thereof and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s right obligations under this Paragraph shall survive the expiration or earlier termination of this Lease. Normal wear and tear, for purposes of this provision, shall be construed to possession ofthe Sub-mean wear and tear caused to the Premises by the natural aging process that occurs in spite of prudent application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease Premises, Sub-Lessee will promptly, if good standards had been applied to properly maintain and without demand, surrender and deliver up keep the Sub-Lease Premises, together with Premises at all fixtures therein and improvements times in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (eHealth, Inc.)
Surrender. Upon At the expiration or other termination of this Sub-Lease, whether by forfeiture, lapse oftime Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together may be put in thereafter in accordance with all fixtures therein and improvements in good condition and repairthis Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage excepted and taking into consideration to the existing condition Premises by any Major Condemnation of the BuildingPremises or casualty damage for which Tenant is expressly not responsible excepted. Such fixtures and improvements shall include all plumbingAll alterations (including, lightingwithout limitation, light Tenant’s trade fixtures, water heater (if any)satellite communications dish and equipment, electricalconveyor systems, heating, cooling and ventilating fixtures and other similar equipment and air conditioningshelving (“trade fixtures”) that Tenant, together with all duct work. Except as otherwise specifically herein providedat its discretion, all additions and all improvements, temporary or permanent, in or upon elects to not remove from the Sub-Lease Premises placed there by Sub-Lessee Premises) shall become Sub-Lessor’s the property of Landlord and shall remain upon and be surrendered with the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If a part thereof at the termination or other expiration of this Sub-Leasethe Term. At the expiration or termination of the Term, Sub-Lessee’s Tenant shall remove any trade fixtures that Tenant, at its discretion, elects to remove, as well as its signs and identification marks that Tenant elects to remove at its discretion, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property has not been so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Sub-Lease Premises, it . Landlord shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property not in any manner or to dispose any extent be obligated to reimburse Tenant for any property which becomes the property of it in Landlord as a commercially reasonable mannerresult of such expiration or earlier termination. The provisions of this Section 20 shall survive the termination or expiration of this Lease.
Appears in 1 contract
Sources: Master Lease (Scholastic Corp)
Surrender. Upon the expiration or termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant --------- shall surrender the termination of SubPremises and all Tenant Improvements and Alterations to Landlord broom-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, clean and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repaircondition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein any changes resulting from approved Alterations; provided, all additions and all improvementshowever, temporary that on or permanent, in before the expiration or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by lapse Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of time or otherwise, without compensation or allowance or credit this Lease Tenant shall not be obligated to Sub-Lessee, remove any Hazardous Material from the Property unless Sub-Lessor requests their Handled by Tenant at the Property. If such removal in writing at is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Sub-Lease. If Sub-Lessor requests the removal Lease or of Sub-Lessee’s improvements or fixturesTenant's possession, Sub-Lessee whichever is earliest, Tenant shall repair any injury or damage surrender all keys to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as or any other part of the date Building and shall deliver to Landlord all keys for or make known to Landlord the combination of this Sub-Leaselocks on all safes, ordinary wear cabinets and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall vaults that may be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.located
Appears in 1 contract
Sources: Lease Agreement (Clarent Corp/Ca)
Surrender. Upon No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. On or prior to the expiration or termination of this Sub-Lease, whether by forfeiture, lapse oftime the Lease Term or otherwise, or upon the earlier termination of Sub-Lessee’s Tenant's right of possession, Tenant shall surrender the Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord in good condition and repaircondition, broom clean, reasonable wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16, any damage excepted caused by Landlord or any Landlord Parties excepted. Tenant shall remove (a) all Tenant-Made Alterations and taking into consideration Permitted Alterations for which Landlord has advised (or is deemed to have advised) Tenant that removal would be required pursuant to Paragraph 12(d) above, (b) all Tenant Improvements and Tenant Changes for which Landlord has advised (or is deemed to have advised) Tenant that removal would be required pursuant to Exhibit B attached hereto (excluding the existing condition Improvements Not Subject to Restoration, which Tenant shall not be required to remove), and (c) all of Tenant's personal property and Trade Fixtures and security system(s). Landlord and Tenant agree to have a joint inspection of the BuildingPremises prior to Tenant vacating. Such fixtures In the event of Tenant's failure to participate in such joint inspection after Tenant's receipt of notice from Landlord thereof, and improvements Tenant's subsequent failure to participate in such joint inspection within ten (10) business days after such notice, Landlord's inspection shall include all plumbingbe deemed conclusive for purposes of determining Tenant's responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, lightingTenant-Made Alterations, light fixturesTenant Improvements, water heater (if any)Tenant Changes, electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions Permitted Alterations and all improvementsother personal property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, temporary removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the expiration or permanenttermination of the Lease Term shall survive the expiration or termination of the Lease Term, in including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation contained herein prior to the expiration or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such earlier termination of this Lease by lapse of time or otherwiseLease, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair limiting any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of other rights and remedies Landlord may under this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Leaselaw and/or in equity, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor Landlord shall have no responsibility to safeguard such property or to dispose of it the rights set forth in a commercially reasonable mannerParagraph 24(f) below.
Appears in 1 contract
Surrender. Upon (A) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Sub-Lease, whether Tenant shall remove from the Property all furniture, trade fixtures, equipment and all other personal property installed by forfeitureTenant or its assignees or subtenants, lapse oftime or and unless Landlord directs otherwise, or upon all wiring and cabling installed in the termination Premises by Tenant. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlyTenant's personal property not removed as required shall be deemed abandoned, and without demandLandlord, surrender at Tenant's expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property, but such proceeds shall offset the costs in removing and deliver up selling such property. If Tenant does not return possession of the Sub-Lease PremisesPremises to Landlord in the condition required under this Lease, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration Tenant shall pay Landlord the existing costs incurred by Landlord to restore the condition of the BuildingPremises.
(B) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant's occupancy of the Premises shall be that of a tenancy at will. Such fixtures and improvements Tenant's occupancy during any holdover period shall include all plumbing, lighting, light fixtures, water heater otherwise be subject to the provisions of this Lease (if anyunless clearly inapplicable), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct workexcept that the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. Except as otherwise specifically herein provided, all additions and all improvements, temporary No holdover or permanent, in payment by Tenant after the expiration or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by lapse summary proceedings or otherwise except as otherwise agreed by the parties in writing. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant except as otherwise agreed by Landlord and Tenant in writing shall constitute a default on the part of time or otherwiseTenant under this Lease entitling Landlord to exercise, without compensation obligation to provide Tenant any notice or allowance or credit to Sub-Lesseecure period, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as all of the date remedies available to Landlord in the event of this Sub-Leasea Tenant default, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it Tenant shall be irrebuttably presumed liable for all damages, including consequential damages, that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose Landlord suffers as a result of it in a commercially reasonable mannerthe holdover.
Appears in 1 contract
Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit Tenant shall surrender to Sub-Lessee, unless Sub-Lessor requests their removal Port the Premises and all Improvements thereon in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the good condition they were in as of the date of this Sub-Lease, (except for ordinary wear and tear exceptedoccurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 18 and 19 hereof), except for Improvements and Alterations which Tenant has the right to remove or is obligated to remove under the provisions of Section 13. Tenant shall repair any damage to the Premises for which Tenant is liable under this Lease. Tenant shall remove all of its personal property and shall perform all restoration made necessary by the removal of any Improvements, Alterations or Tenant's personal property within the time periods stated in this Lease. Port may elect to retain or dispose of any Improvements or Tenant's personal property which Tenant does not remove from the Premises as allowed or required by this Lease by giving at least ten (10) days' prior written notice of such election to Tenant. Except with respect to (i) Tenant's personal property as to which Port has waived in writing any right it may have or may have acquired, (ii) Tenant's property which is covered by any filed financing statement, and (iii) any Hazardous Material left in or on the Premises, title to any Improvements, Alterations or to Tenant's personal property which Port elects to retain or dispose of upon expiration of the ten-day period shall vest in Port. Tenant waives all claims against Port for any damage to Tenant resulting from Port's retention or disposition of any Improvements, Alterations or Tenant's personal property. Tenant shall be liable to Port for all costs incurred by Port for storing, removing or disposing of any Improvements, Alterations or Tenant's personal property. If at Tenant fails to surrender the Premises as required by this Section 25.1, Tenant shall hold Port harmless from all damages resulting from Tenant's failure to surrender the Premises, including, but not limited to, claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a notice from Port to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon On or before the Expiration Date or sooner termination date of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord in good condition and repair, reasonable normal wear and tear excepted, broom clean, and otherwise in the condition required under this Article 11. Tenant shall not, however, be required to repair (or pay for the repair of) any Casualty Damage except to the extent-such repairs are the obligation of Tenant under Article 16. On or before the expiration or sooner termination of this Lease, Tenant shall (a) remove all of Tenant’s Property from the Project; (b) remove all Premises Improvements (including any Wiring installed by or for Tenant) except those which Landlord has confirmed in writing may be left in place; and (c) fully repair any damage excepted and taking into consideration to the existing condition Premises or other portions of the BuildingProject caused by the removal of Tenant’s Property and the Premises Improvements. Such fixtures and improvements shall include all plumbingLandlord may, lighting, light fixtures, water heater by Notice to Tenant given at any time prior to the Expiration Date (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanentor, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease by lapse prior to the scheduled Expiration Date, at any time within thirty (30) days following Notice of time such termination), confirm the obligation of Tenant to either remove or otherwiseleave in place any or all of the Premises Improvements, without compensation but failure to provide any such Notice, or allowance or credit to Sub-Lesseespecify any particular Premises Improvement therein, unless Sub-Lessor requests their shall not change any of Tenant’s obligations with respect to the removal of any Premises Improvements. Notwithstanding anything to the contrary in writing the foregoing, Landlord acknowledges and agrees that, except as may be designated in a separate written Notice to Tenant at or before the time of Landlord’s approval of the Approved Final Plans, Tenant shall not be required to remove any improvements constructed and/or installed by Landlord pursuant to the Improvement Agreement. Any of Tenant’s Property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all Claims against Landlord resulting therefrom. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s Property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease; and (z) removing any Premises Improvements which Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant represents and warrants that all Tenant’s Property and Premises Improvements shall be free and clear of all liens and encumbrances, and that no other person shall have any ownership or use interest therein as of the Expiration Date or sooner termination of the Lease, All Tenant’s obligations under this Article 11 shall survive the expiration or sooner termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Surrender. Upon On the last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse elapse of time or otherwise, all without compensation or allowance or credit to Sub-LesseeTenant. Any personal property not removed shall be deemed abandoned and shall become the property of Landlord; provided, unless Sub-Lessor requests their removal in writing that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at or before the time rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Sub-Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at Tenant has not redeemed said property within ninety (90) days after the termination of this Sub-said Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned Landlord may sell such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property public or private sale without prior further notice to Sub-Lessee. Sub-Lessor Tenant, and shall have no responsibility to safeguard such property or to dispose of it apply in a commercially reasonable mannermanner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord.
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Surrender. Upon the termination of this Sub-Lease, whether by forfeiture, lapse oftime the Lease Term or otherwise, or upon the earlier termination of SubTenant's right of possession, all Tenant Made Alterations and Non-Lessee’s Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall have the right to possession ofthe Subremove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Lease Premises, SubMade Alterations and/or Non-Lessee will promptlyStructural Alterations and/or the Initial Improvements, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and to repair any damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there caused by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixturessame condition as received, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasebroom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. If Any Trade Fixtures, Tenant-Made Alterations, Non Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Sub-Leasethe Lease Term shall survive the termination of the Lease Term, Sub-Lessee’s personal property has not been removed from including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the Sub-Lease condition and repair of the Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Lease Agreement (Celerity Group Inc)
Surrender. Upon the termination Prior to expiration of this Sub-LeaseSublease, whether by forfeitureSublessee shall remove all of its trade fixtures and shall surrender the Subleased Premises to Sublessor in the condition as delivered at the Commencement Date; provided, lapse oftime or otherwisehowever, or upon that during the termination last thirty (30) days of Sub-Lessee’s right the Sublease Term, Sublessor shall be permitted to possession ofthe Sub-Lease access the Subleased Premises, Sub-Lessee will promptlyat reasonable times and upon reasonable prior notice, to remove the Charging Station Equipment and without demandrelated electrical improvements and any other improvements, surrender alterations or modifications that are not the obligation of Sublessee to remove hereunder, provided such entry and deliver up the Sub-Lease Premises, together work shall not materially interfere with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition Sublessee’s use of the BuildingSubleased Premises. Such Without limiting the foregoing, Sublessee shall be required to remove only those any alterations, fixtures and improvements installed by Sublessee to the extent required by Master Lessor, as well as any wiring and cabling required to be removed by Master Lessor. Sublessor shall include all plumbingnot require Sublessee to remove any alterations, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary wiring or permanentcabling unless required by Master Lessor. If the Subleased Premises are not so surrendered as required by the terms under this Paragraph 17, then Sublessee shall be liable to Sublessor for all liabilities Sublessor incurs as a result thereof, including costs incurred by Sublessor in or upon returning the Sub-Lease Subleased Premises placed there by Sub-Lessee shall become Sub-Lessor’s property to the required condition, plus interest thereon at the Interest Rate. Notwithstanding the foregoing, if (i) Sublessee enters into a direct lease for the entire Premises with Master Lessor commencing concurrently with the expiration of the Sublease Term and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-(ii) Master Lessor requests their removal agrees in writing at or before for the time express benefit of such termination Sublessor to waive all surrender and restoration obligations under the Master Lease, the Sublessee shall not be required to surrender possession of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Subleased Premises to substantially Sublessor on the condition they were in as of the date of Expiration Date or perform its surrender obligations under this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerParagraph 17.
Appears in 1 contract
Sources: Sublease (Immersion Corp)
Surrender. Upon At the expiration or other termination of this Sub-Lease, whether by forfeiture, lapse oftime Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together may be put in thereafter in accordance with all fixtures therein and improvements in good condition and repairthis Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage excepted and taking into consideration to the existing condition Premises by any Termination Casualty or Major Condemnation of the BuildingPremises excepted. Such fixtures and improvements shall include all plumbingAll Alterations, lightingexcept Tenant’s furniture, light trade fixtures, water heater satellite communications dish and equipment, computer and other similar moveable equipment and shelving (if any“trade fixtures”), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s the property of Landlord and shall remain upon and be surrendered with the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If a part thereof at the termination or other expiration of this Sub-Leasethe Term. At the expiration or termination of the Term, Sub-Lessee’s Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property has not been so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned . The reasonable cost of removing and disposing of such property and Sub-Lessor is authorized repairing any damage to remove and discard, at Sub-Lessee’s expense, any of the Premises caused by such property without prior notice to Sub-Lesseeremoval shall be borne by Tenant. Sub-Lessor Landlord shall have no responsibility to safeguard such property not in any manner or to dispose any extent be obligated to reimburse Tenant for any property which becomes the property of it in Landlord as a commercially reasonable mannerresult of such expiration or earlier termination. The provisions of this Section 19 shall survive the termination or expiration of this Lease.
Appears in 1 contract
Surrender. Upon Tenant agrees on the last day of the Lease Term, or promptly following any sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon to surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up Landlord in the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repairdelivered to Tenant, reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials, as defined in paragraph 18 hereof (other than those stored, used or disposed of by Tenant in or about the Premises in violation of Law, as "Law" defined in paragraph 11(a)), and damage excepted and taking into consideration Alterations (as defined in paragraph 10) made by Tenant which Landlord has not required Tenant to remove, excepted. Tenant shall ascertain from Landlord within thirty (30) days before the existing condition expiration of the BuildingLease Term or promptly following any sooner termination whether Landlord will require Tenant to remove any Alterations made by Tenant at the Premises; provided that Landlord shall not require Tenant to remove any Alteration which Landlord has previously indicated may remain at the Premises. Such fixtures and improvements If Landlord shall include all plumbingso require, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except then Tenant shall remove such Alterations as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property Landlord may designate and shall remain upon repair any damage to the Sub-Premises occasioned by the removal before the expiration of the Lease Premises upon such Term or promptly following any earlier termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at Tenant's sole cost and expense. On or before the time end of such the Lease Term or promptly following sooner termination of this Sub-Lease. If Sub-Lessor requests the removal Lease Term, Tenant shall remove all of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s its personal property has not been removed and trade fixtures from the Sub-Lease Premises, it and all property not so removed shall be irrebuttably presumed that Sub-Lessee has deemed to be abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerby Tenant.
Appears in 1 contract
Sources: Lease Agreement (Netro Corp)
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable wear fire or other casualty, Condemnation, and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). If at Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant shall remove from the Sub-Lease Premises, it the Building and the Project and repair any damage caused by such removal, (i) all of Tenant's Property (as hereinafter defined) and Tenant's signage, and (ii) any Non-Permanent Tenant Improvements and Non-Permanent Alterations (as such terms are hereinafter defined). Any of Tenant's Property not so removed by Tenant as required herein shall be irrebuttably presumed that Sub-Lessee has deemed abandoned such property and Sub-Lessor is authorized to remove may be stored, removed, and discard, disposed of by Landlord at Sub-Lessee’s Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which constitute Non-Permanent Tenant Improvements and Non-Permanent Alterations shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without prior notice limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Sub-Lessee. Sub-Lessor shall have no responsibility Landlord due to safeguard lost opportunities to lease any portion of the Premises to any such property succeeding tenant or to dispose of it prospective tenant, together with, in a commercially reasonable mannereach case, actual attorneys' fees and costs.
Appears in 1 contract
Sources: Lease Agreement (Affymetrix Inc)
Surrender. Upon Tenant agrees that on the termination of this Sub-Lease, whether Tenant shall surrender the premises in the same condition as herein agreed they have been received, damage caused by forfeiturewar, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, earthquake and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Lease, ordinary wear and tear exceptedexcepted but with carpets vacuumed and other floors "broom clean". If at At the time of termination of this Sub-Leaselease, Sub-Lessee’s Landlord may require any or all of the alterations or additions installed by Tenant or by Landlord for the benefit of Tenant at Tenant's request to be removed and the premises restored to their original condition, whether or not said alterations or additions have become part of the premises under paragraph 11 hereof. Notwithstanding the foregoing, Tenant shall not be required to remove the Tenant Improvements made at the commencement of the Term, and subsequent alterations and improvements unless (I) Tenant has not requested Landlord's consent to them (whether or not such consent is required) or, (II) Tenant has requested such consent and Landlord has notified Tenant, at the time of Tenant's request for consent that such removal will be required. Upon surrender of the premises, either at the expiration of the term or otherwise, Lessee agrees to remove all personal property has not been removed and rubbish from the Subpremises; but if not so removed by Tenant, Landlord may have the same removed at Tenant's expense. All property of Tenant not so removed, unless such non-Lease Premisesremoval is consented to by Landlord, it shall be irrebuttably presumed deemed abandoned by Tenant, provided that Sub-Lessee has in such event Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. If the Premises are not surrendered at the end of the term or sooner termination of this lease, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such property and Sub-Lessor is authorized to remove and discarddelay. In the event of surrender of this lease, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor Landlord shall have no responsibility the option of terminating all existing sub-leases or of assigning said subleases to safeguard such property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 1 contract
Surrender. Upon Tenant agrees that on the last day of the Term, or on the sooner termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, or upon Tenant shall surrender the termination of Sub-Lessee’s right Premises to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Landlord (a) in good condition and repairrepair (damage by acts of God, reasonable fire, and normal wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if anyexcepted), electricalbroom clean and free of debris, heatingand (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, cooling or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and ventilating fixtures Tenant’s signage from the Premises, the Building and equipment the Project and air conditioningrepair any damage caused by such removal, together with all duct work. Except as otherwise specifically herein providedand (ii) Landlord may, all additions and all improvements, temporary or permanent, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such event of a termination of this Lease by lapse of time prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or otherwiseall Alterations (but expressly excluding the Tenant Improvements), without compensation or allowance or credit and to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from caused by such removal and restore the Sub-Lease Premises to substantially the condition they were in removal. Any of Tenant’s Property not so removed by Tenant as of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it required herein shall be irrebuttably presumed that Sub-Lessee has deemed abandoned such property and Sub-Lessor is authorized to remove may be stored, removed, and discard, disposed of by Landlord at Sub-LesseeTenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property without prior notice of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to Sub-Lessee. Sub-Lessor remove shall have no responsibility to safeguard such remain in the Premises as the property or to dispose of it in a commercially reasonable mannerLandlord.
Appears in 1 contract
Surrender. Upon On the termination of this Sub-Lease, whether by forfeiture, lapse oftime or otherwise, Expiration Date or upon the termination of Subhereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements clean in good order, condition and repair, reasonable wear and tear and damage excepted and taking into consideration only excepted. On or before the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in Expiration Date or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by lapse of time Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or otherwiseinstalled by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without compensation disturbance, molestation or allowance injury, and without charge, at the expiration or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements Demised Premises are not surrendered on the Expiration Date or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of the date of this Sub-Leasetermination, ordinary wear and tear exceptedLessee shall indemnify Lessor against loss or liability, claims, without limitation, made by any succeeding Lessee founded on such delay. If Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the termination place then fixed for payment of this Sub-Lease, Sub-Lessee’s personal property has not been removed from rent and shall inform Lessor of combinations of any locks and safes on the Sub-Lease Demised Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable manner.
Appears in 1 contract
Sources: Office/Warehouse Lease (Expresspoint Technology Systems Inc)
Surrender. Upon the expiration or earlier termination of this Sub-LeaseSublease, whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender Subtenant shall vacate and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Sublease Premises to substantially Sublandlord in the same condition they were in as of the date of this Sub-LeaseCommencement Date, ordinary wear and tear excepted, provided that Subtenant shall repair all damage to the Sublease Premises as a result of the removal of its personal property and any improvements or alterations required to be removed pursuant to this Sublease. If at In the event Subtenant fails to comply with the foregoing removal obligations or upon Subtenant being dispossessed by process of law or otherwise, all such property shall be deemed conclusively to be abandoned and Sublandlord may retain, sell, store, destroy or otherwise dispose of the same as Sublandlord so elects in its sole discretion upon prior written notice to Subtenant. Subtenant shall pay Sublandlord on demand all out-of-pocket expenses incurred by Sublandlord in the removal of such property, including, without limitation, the cost of repairing damage to the Sublease Premises caused by the removal of such property and storage charges (if Sublandlord elects to store such property). Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Subtenant shall provide Sublandlord with reasonable access to the Sublease Premises to allow Sublandlord to fulfill its obligations under the Prime Lease, including, without limitation, removing any improvements or alterations existing in the Sublease Premises prior to the Commencement Date, and Subtenant shall otherwise reasonably cooperate with Sublandlord in connection with the foregoing. Subtenant’s obligations under this Section 22 shall survive the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed from the Sub-Lease Premises, it shall be irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerSublease.
Appears in 1 contract
Sources: Sublease Agreement
Surrender. Upon the expiration or earlier termination of this Sub-Lease, whether by forfeitureTenant shall surrender to Port the Premises in good order, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptlycondition, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage excepted and taking into consideration the existing condition or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of its obligations under this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal The Premises shall be surrendered clean, free of Sub-Lessee’s improvements or fixturesdebris, Sub-Lessee shall repair any injury or damage to the Sub-Lease Premises which may result from such removal waste, and restore the Sub-Lease Premises to substantially the condition they were in Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Sub-Lease, ordinary wear Lease and tear exceptedany other encumbrances created by Port. If at On or before the expiration or earlier termination of this Sub-Lease, Sub-Lessee’s personal property has not been removed Tenant at its sole cost shall remove from the Sub-Lease Premises, it and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Section 25 and Section 13.4, Tenant shall continue to be irrebuttably presumed that Sub-Lessee has abandoned responsible for the payment of Rent (as the same may be increased pursuant to Section 26.3 below until the Premises are surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such property delay and Sub-Lessor is authorized losses to remove Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, reasonable attorneys' fees and discardcosts. No act or conduct of Port, at Sub-Lessee’s expenseincluding, such property without prior but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Sub-Lessee. Sub-Lessor Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall have no responsibility to safeguard such property or to dispose constitute acceptance of it in the surrender of the Premises and accomplish a commercially reasonable mannertermination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon the expiration or other termination of this Sub-Leasethe Term, whether by forfeiture, lapse oftime or otherwise, or upon Tenant will immediately vacate and surrender possession of the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the Sub-Lease Premises, together with all fixtures therein and improvements Premises in good condition order, repair and repaircondition, reasonable except for ordinary wear and tear and damage excepted due to fire or other casualty. Upon the expiration or other termination of the Term, Tenant agrees to remove all of Tenant’s office furniture, office equipment and taking into consideration other similar personal property and, unless requested otherwise by Landlord prior to the expiration of the Term or concurrently with any other termination of the Lease, the Purchased Furniture (as hereinafter defined). At Landlord’s option, to be exercised by written notice to Tenant delivered no less than thirty (30) days after Tenant’s written request for such election, which request of Tenant may be delivered no earlier than twelve (12) months prior to the expiration of the Term or concurrently with any other termination of the Lease, Tenant shall remove (a) any Alterations, the removal of which was requested by Landlord in written notice to Tenant at the time of the installation of such Alterations (regardless of whether Landlord’s approval of such Alterations was required hereunder); provided, however that Tenant shall not be required to remove: (i) the initial Tenant Improvements in the Initial Premises, and (ii) any tenant improvements existing in any ROFO Space (as hereinafter defined) at the time Tenant leases the same pursuant to a right granted under this Lease, and (b) any Alterations as to which Tenant failed to request, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations upon expiration or other termination of this Lease. Notwithstanding the foregoing, in no event shall Tenant be required to remove (1) any Alterations as to which (A) Tenant requested, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations and (B) Landlord either failed to respond to such request, did not specifically identify the Alterations in question as Alterations that Tenant would be required to remove, or indicated as such time that the Alterations in question need not be removed, (2) the initial Tenant Improvements in the Initial Premises, or (3) any tenant improvements existing in any ROFO Space at the time Tenant leases the same pursuant to a right granted under this Lease. Without limiting Tenant’s obligations with respect to the condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination expiration or termination, Tenant will pay Landlord within thirty (30) days of this Lease by lapse written demand the cost of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair repairing any injury or damage to the Sub-Lease Premises which may result from or Building caused by the installation or removal of any such removal and restore the Sub-Lease Premises to substantially the condition they were in as items. Any of the date of this Sub-Lease, ordinary wear and tear excepted. If at the termination of this Sub-Lease, Sub-LesseeTenant’s personal property has not been removed from remaining in the Sub-Lease Premises, it Premises shall be irrebuttably presumed that Sub-Lessee has abandoned such become the property and Sub-Lessor is authorized of Landlord unless Landlord requires Tenant to remove and discard, at Sub-Lessee’s expense, such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of it in a commercially reasonable mannerthe same.
Appears in 1 contract