Surrender. (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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings or its 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 Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 3 contracts
Sources: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant Improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days' notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither parry.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. (a) On 17.1 Tenant shall, on the date on which this Lease expires last day of the Term, or terminatesupon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other personal property, and in good order and condition, reasonable wear and tear excepted, and Tenant shall return remove or demolish all of the fixtures, structures and other improvements which Landlord shall elect pursuant to and in accordance with Section 6.4 hereof. Any property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
17.2 Tenant acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furniturePremises after the expiration or sooner termination of the term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring and cabling a sum equal to one hundred-fifty percent (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. 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 Nothing herein contained shall be deemed abandoned, and Landlord, 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 to permit Tenant to retain such property or sale proceeds as its property. If Tenant 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 sooner termination of the term of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the term of the Lease, such holding over shall operate not be deemed to extend the Term term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to at the contrary notwithstanding, any holdover by Tenant Rent as herein increased. This provision shall constitute a default on survive the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 3 contracts
Sources: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 3 contracts
Sources: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 3 contracts
Sources: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. (a) On the last day of the Term, or on the sooner termination thereof, Tenant will peaceably surrender the Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date on which of sooner termination thereof, Tenant may, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises and repair all damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease expires and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or terminatesloss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant shall return possession will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, improvements, alterations, additions and fixtures, other than Tenant's trade fixtures and equipment, which have been made or installed by either Landlord or Tenant upon the Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and will be surrendered with the Premises as a part thereof. Tenant will promptly surrender all keys for 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 at the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable place then fixed for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Rent and will inform Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingcombinations on any vaults, any holdover by Tenant shall constitute a default locks and safes left on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 3 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires or terminatespurchase option as set forth in Paragraph 27 hereof, Tenant shall return possession upon the expiration of the Premises Initial Term, or any renewal term, or upon demand by Lessor made pursuant 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 Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall remove from return all, but not less than all, of the Property all furnitureEquipment by delivering it to such place or on board such carrier, trade fixturespacked for shipping, equipmentas Lessor may specify. Lessee agrees that the Equipment, wiring when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and cabling (unless Landlord directs Tenant otherwise)tear excepted, and all other personal property installed 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 necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Tenant Lessor as set forth above. If any items of Equipment are missing or its assignees damaged when returned, such occurrence shall be treated as an event of Loss or subtenants. Tenant shall repair any damage resulting from Damage with respect to such removal missing or damaged items 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent shall Equipment will be double the Monthly Rent payable eligible for the last full month immediately preceding 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 holdoverEquipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. No holdover or payment by Tenant after Should Lessee fail to comply with the provisions described above covering surrender, upon expiration or termination of the Initial Term, the term of this Lease shall operate to extend be automatically extended for a term of 3 months. Thereafter, the Term or prevent Landlord from immediate recovery term of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease will be extended for subsequent full month periods, on a month to the contrary notwithstandingmonth basis, any holdover by Tenant shall constitute a default on the part until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of Tenant all Lessee's obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure (including payment of all periodic rental payments due during such 90 day period, all as provided in Paragraph 9 of this Lease). At any time after the expiration of the remedies available Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverterminate this Lease by 30 days written notice to Lessee.
Appears in 3 contracts
Sources: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesearlier termination of the Term, Tenant shall return possession of surrender the Premises to Landlord in good conditionits condition existing as of the Delivery Date, except for ordinary normal wear and tear, and except for casualty damage fire or other conditions casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that Tenant is not required to remedy are Landlord's responsibility under this Lease. Prior , excepted, with all interior walls repaired and repainted if damaged, all carpets and floors cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, and the HVAC equipment serviced and repaired by a reputable and licensed service firm, all to the expiration reasonable satisfaction of Landlord. Tenant shall remove from the Premises any alterations, additions or improvements required to be removed pursuant to Paragraph 11, and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such alterations, additions or improvements and/or Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations, additions or improvements and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord: If the Premises are not so surrendered at the termination of this Lease, Tenant shall remove indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant or its assignees or subtenantsin so surrendering the Premises. Tenant shall repair any damage resulting from such removal Normal wear and shall restore tear, for 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 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 Tenant 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 purposes of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject construed to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate mean wear and tear caused to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision a natural aging process which occurs in this Lease spite of prudent application of the best standards for maintenance, repair and janitorial practices to the contrary notwithstanding, any holdover by Tenant shall constitute a default on extent the part of Tenant same are Tenant’s obligations under this Lease entitling Landlord lease. It is not intended, nor shall it be construed, to exercise, without obligation include items of neglected or deferred maintenance which would have or should have been attended to provide Tenant any notice or cure period, all during the Term of the remedies available Lease if the best standards had been applied to Landlord properly maintain and keep the Premises at all times in good condition and repair. In the event of a Tenant defaultsurrender of this lease, and Tenant Landlord shall be liable for have the option of terminating all damages, including consequential damages, that Landlord suffers existing subleases or accepting any sublease(s) as a result of the holdoverdirect lease or leases.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Surrender. (a) On Sublessee shall at the date on which expiration or other termination of this Lease expires or terminatesSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall return possession without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and otherwise restore the Subleased Premises to its condition as of the Sublease Commencement Date, or such better condition as the Subleased Premises to Landlord in good conditionmay have thereafter been placed by Sublessee, except for ordinary wear and teartear and damage by fire or other casualty thereof only excepted. In the event of the Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or damage thereto, and except for casualty damage at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or other conditions that Tenant is to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not required so removed, or to remedy assign such rights to Prime Landlord, 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 of such failure to vacate the Subleased Premises on the date and as provided herein, the Sublease Rent shall, immediately and without notice, accrue and be payable at a rate equal to two hundred (200%) percent of the Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord under the Prime Lease by reason of such holdover. Sublessee’s obligations under this Lease. Prior to Section shall survive the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 sufferSublease.
(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. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease, hereby and except for ordinary wear and tear. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remove from the Premises after the on or prior to such expiration or termination all property situated thereon which is not owned by Landlord and shall repair any damage caused by such removal. Property not so removed shall become the property of this LeaseLandlord, Tenant’s occupancy of and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be that borne by Tenant. Landlord shall credit the net proceeds of a tenancy at willdisposition of such property actually realized by Landlord against such costs to be borne by Tenant, provided that the Lease termination giving rise to such disposition was not caused by an Event of Default hereunder. Tenant’s occupancy during any holdover period shall otherwise be subject to In the provisions of event that this Lease is terminated with respect to a particular Project (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers either as a result of a default, or the holdoverexpiration hereof, or otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant's Personal Property from Tenant for an amount equal to the fair market value of Tenant's Personal Property. 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. If Tenant abandons Tenant's Personal Property, it shall become the property of Landlord as outlined above. The fair market value of the Tenant's Personal Property shall be determined by the mutual agreement of Landlord and Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. The provisions of this Section shall survive the termination or expiration of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. (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 damage, acts of Landlord or its Agents or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. (a) On the date on which this Lease expires A. Upon any termination 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 Lease, Tenant shall remove from surrender the Property all furnitureDemised Premises in the same condition as existed at the Commencement Date, trade fixturesexcept for normal wear and tear and damage caused by the fire or other casualty; provided, equipmenthowever, wiring and cabling (unless Landlord directs Tenant otherwise), and all that nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other personal property installed by Tenant or its assignees or subtenantspart of this Lease. Tenant shall repair any remove the Alterations it is required to remove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such removal Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and shall restore hold Landlord harmless against loss or liability resulting from the Property to good order and conditiondelay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Any All property of Tenant’s personal property Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as required set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby appoints Landlord its agent to remove all property 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 Tenant does not return possession of from the Demised 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or upon termination of this Lease shall operate and to extend cause its transportation and storage for Tenant's benefit, all at the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part sole cost and risk of Tenant under this Lease entitling and Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall not be liable for damage, theft, and misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all damagescosts and expenses of such removal, including consequential damagestransportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal or storage of abandoned property and with respect to restoring said Demised Premises to good order, that Landlord suffers as a result of the holdovercondition and repair.
Appears in 2 contracts
Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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 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, . L▇▇▇▇▇▇▇’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 receipt of 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. (a) On Upon 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 Lease, Tenant shall peaceably surrender the Property 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 this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all furnitureits property that is capable of removal without causing damage to the Property, trade fixturesand, equipmentat Tenant's expense, wiring and cabling (unless Landlord directs Tenant otherwise)shall at such times of removal, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall restore become the property of Landlord. Any holding over by Tenant of 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 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 Tenant 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 earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, Tenant’s occupancy of the Premises in addition to any other liabilities to Landlord accruing therefrom, Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)protect, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent defend, indemnity and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingall loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any holdover claims made by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord any succeeding tenant founded upon such failure to exercise, without obligation to provide Tenant surrender and any notice or cure period, all of the remedies available lost profits to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditionthe same condition as delivered to Tenant, except for ordinary wear and tear, except for Alterations not required to be removed by Tenant by the terms of this Lease, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order the same condition as delivered to Tenant, normal wear and conditiontear excepted. 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly monthly installment of Minimum Annual Rent shall be double (i) 125% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. At Tenant’s advance written request, Landlord agrees to give Tenant thirty (30) days’ prior written notice of any prospective damages that may arise from such holdover, including as a result of an executed lease for all or part of the Premises after the Term.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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 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, . Landlord’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings or its 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 Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, remove all of Tenant's Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 2 contracts
Sources: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. (a) On the date on which this Lease expires Expiration Date or terminatesupon the termination hereof upon a day other than the Expiration Date, Tenant shall return possession peaceably surrender the Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the last day of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or sooner termination of this Leasethereof, Tenant shall at its expense remove all of its furnishings, equipment and other personal property from the Property Premises, repairing any damage caused thereby, and any property not so removed shall be deemed abandoned. At the election of Landlord, all furniturealterations, additions and fixtures, other than Tenant’s trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or its assignees Landlord may require removal of the same at the end of the Term or subtenants. upon the sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises 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 removal and delay, which indemnity obligation shall restore survive the Property to good order and conditionexpiration or earlier termination of this Lease Agreement. Any of Tenant’s personal property not removed as required Tenant shall be deemed abandoned, and Landlord, 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. If Tenant does not return possession of promptly surrender all keys for the Premises to Landlord in the condition required under this Lease, Tenant and shall pay inform Landlord all resulting damages Landlord may suffer.
(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. Tenant’s occupancy during any holdover period shall otherwise be subject combinations to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default locks and/or safes on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to the expiration indemnify Landlord against and save Landlord harmless from all costs, claims, loss or termination of this Lease, Tenant shall remove liability excluding consequential damages) resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or its assignees or subtenantsdelay. Tenant shall repair any The parties recognize and agree that the damage to Landlord resulting from such removal and shall restore the Property any failure by Tenant 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 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 Tenant does not return timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in upon the condition required under this Leaseexpiration or sooner termination of the Term, then Tenant shall pay Landlord to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all resulting damages Landlord may suffer.
material factors reasonably relevant to such determination, or one and one-half (b1 1/2) If times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant remains in to retain possession of the Premises after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willTerm. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the Term, such holding over shall operate not be deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or statute in effect in the state where the Premises by summary proceedings is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Tern 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 Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any derange or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good conditionLease Term, 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 upon the expiration or earlier termination of this Lease, Tenant shall remove from vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of the Leased Premises to Landlord in first class condition and repair and in full compliance with the maintenance, repair and replacement provisions of this Lease. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease:
a. all interior walls shall be painted or cleaned so that they appear freshly painted;
b. all non-carpeted floor coverings shall be cleaned and waxed to the extent they are in first class condition;
c. to the extent non-carpeted floor coverings are not in first class condition, said floor coverings shall be repaired or replaced, as necessary;
d. all carpets not in first class condition shall be cleaned and shampooed to the extent necessary to place them in first class condition as reasonably determined by Landlord;
e. to the extent cleaning and shampooing does not place the carpets in first class condition as reasonably determined by Landlord, such carpets shall be replaced, to the extent necessary, with neutral carpets of equal or better quality;
f. all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and
g. all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Alterations which Tenant is required under to remove pursuant to Section 11 and repair all damage caused by such removal. If the Leased Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall pay be liable to Landlord for all resulting damages costs incurred by Landlord may suffer.
(b) If Tenant remains in possession of conforming the Leased Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)required condition, except that plus interest on all such costs at the Monthly Rent Default Rate. Tenant shall be double indemnify Landlord against loss or liability to the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment extent resulting from delay by Tenant after in so surrendering the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Leased Premises, including, without limitation, any claims made by summary proceedings or otherwise. Any provision in this Lease any succeeding tenant to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord extent related to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoversuch delay.
Appears in 2 contracts
Sources: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good good, broom-clean 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 Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises 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 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 propertyaccordance with California law. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises Property 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 this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable), ) except that the Monthly Base Rent shall be double 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdoverholdover and Tenant shall continue to pay Operating Expenses. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a b▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. (a) On Tenant shall, at the date on which expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, 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 in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that Tenant is not required to remedy time calculated under this the provisions of the Lease. Prior If Tenant fails to surrender the space within thirty (30) days of the termination date, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord's option, with a Rent of two hundred percent (200%) the sum of the Rent as those sums are at that time calculated under the provisions of the Lease. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of this Lease, the Term shall not create any tenancy rights in Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed any such payments by Tenant or may be applied by Landlord against its assignees or subtenants. Tenant shall repair any damage resulting from such removal costs 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damagesexpenses, including consequential damages, that attorney's fees incurred by Landlord suffers as a result of such holdover. Landlord agrees to treat Tenant as a holdover (as opposed to a trespasser) so long as Landlord and Tenant are negotiating in good faith to extend the holdoverterm of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Immune Response Corp), Lease Agreement (Immune Response Corp)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease (unless Landlord directs Tenant otherwiseexcept as expressly provided for otherwise in Section 6.1), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Article 6 (Tenant Improvements & Alterations), and Landlordrepair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expenseLandlord shall have the right (but no obligation) to remove the same, may remove, store, sell and Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or otherwise dispose of all or any portion 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 if Tenant does not return possession pay all such costs and retrieve the property within ten days after written 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 Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) 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. The delivery of keys to the Premises to Landlord in or any agent or employee of Landlord shall not constitute a surrender of the condition required under Premises or effect a termination of this Lease, Tenant whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including reasonable storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within fifteen (15) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 13.1 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s occupancy failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Lease Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall quit and surrender to Landlord the Leased Premises, broom clean and in good order, condition and repair and otherwise in the condition and in a state of repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear and acts of Casualty Damage which Landlord is obligated to repair or replace excepted; provided, that Tenant shall remove from its personal property and any property affixed to the Property all furnitureLeased Premises or improvements, trade fixtures, equipment, wiring and cabling (unless additions or alterations to the Leased Premises which Landlord directs Tenant otherwise), to remove and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from to the Building caused by such removal and removal. If Tenant shall restore the Property fail to good order and condition. Any remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of Tenant’s personal such property not or improvements, additions or alteration to be removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby agrees to pay all costs and expenses 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 Tenant does not return possession any removal and of the repair of any damage to the Leased 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 caused by such removal. On the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject Tenant shall, in addition to the provisions of this Lease (unless clearly inapplicable)foregoing, except that deliver to Landlord all keys and combinations to locks, safes and vaults. Any and all property remaining on the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant Leased Premises after the expiration of the Lease Term or earlier termination of this Lease shall, at the option of Landlord, become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Tenant. Tenant’s obligation to observe and perform these covenants shall operate to extend survive the expiration of the Lease Term or prevent Landlord from immediate recovery earlier termination of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good order and condition, reasonable wear and tear and damage due to casualty (asubject to the provisions of Article 7) On or condemnation (subject to the provisions of Article 8) excepted, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises Property must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the Term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furnitureafter the expiration or sooner termination of the Term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring one hundred fifty percent (150%) of the Fixed Rent and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsAdditional Rent which was payable under this Lease with respect to the last month of the Term hereof. 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 Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell to permit Tenant to retain possession of the Property after the expiration or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Term of this Lease. If Tenant 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 holds over in possession of the Premises after the expiration or termination of this the Term of the Lease, Tenant’s occupancy of the Premises such holding over shall not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the Premises by summary proceedings state where the Property is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession 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. 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 Premises term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant 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 of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord in good condition, except at the place then fixed for ordinary wear the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior 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 expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove 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 Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its 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, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Leasehereby and except for ordinary wear and tear and except for the limitations set forth in the Section 2.5(a) with respect to the roof replacement. Tenant shall remove from the Premises on or prior to such expiration or termination all property situated thereon which is not owned by Landlord; all Tenant Improvements and Alterations that Landlord has required be removed in accordance with Section 3.4(a) hereof and all of Tenant’s Personal Property (collectively the “Removal Items”) and shall repair any damage caused by such removal. Property not so removed shall (only at Landlord’s option) become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the actual cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after not be required to remove at the expiration or earlier termination of this Lease any of the Building Improvements or Alterations made by Tenant during the Lease Term that constitute normal and customary Alterations for the Permitted Use as a generic warehouse and distribution facility. Landlord and Tenant shall use good faith, reasonable efforts to walk through the Premises at least thirty (30) days prior to the expiration or sooner termination of this Lease and identify those Removal Items that Landlord has elected in accordance with the terms of this Lease to permit to remain in the Premises (which items shall be the property of Landlord) and those Removal Items that Landlord requires that Tenant remove at Tenant’s sole cost. Tenant shall repair any damage to the roof, walls or floor resulting from the removal of the Removal Items and shall cause the floor to be delivered level without holes or penetrations or protrusions. Landlord’s right to pursue Tenant for damages on account of damage caused by the removal of the Removal Items or Tenant’s failure to remove the Removal Items as herein required shall survive the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant's right of possession, Tenant shall return possession of surrender the Premises to Landlord in good condition, except for broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Sections 15 and 16 excepted. All Tenant-Made Alterations, including the initial Tenant Improvements to the Premises, shall, at Landlord’s option, remain upon the Premises and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant-Made Alterations be removed upon expiration or termination of the Lease, Tenant hereby agrees to cause same to be removed at Tenant’s sole cost and expense. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and except disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for casualty damage or other conditions that any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant is hereunder not required to remedy under this Lease. Prior to fully performed as of the termination of the Lease Term shall survive the expiration or termination of this Leasethe Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the foregoing, Tenant, upon submitting its request to Landlord to make any Tenant-Made Alterations, including all or any portion of the initial Tenant Improvements pursuant to Exhibit C hereto, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove from the Property all furnitureTenant-Made Alterations, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 Landlordfor which consent is being sought, at Tenant’s expense, may remove, store, sell or otherwise dispose prior to the end of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Lease Term. If Tenant does not return possession of the Premises shall fail to Landlord request such information in the condition required under this Leaseits request to make any Tenant-Made Alterations, Tenant then all such Tenant-Made Alterations shall pay Landlord all resulting damages Landlord may suffer.
(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. Tenant’s occupancy during any holdover period shall otherwise thereafter be subject to the exercise of Landlord's rights to require removal of such Tenant-Made Alterations. If Tenant submits its request for such information in accordance with the foregoing provisions of this Lease (unless clearly inapplicable)and Landlord consents to the Tenant-Made Alterations requested, except that Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Monthly Rent shall be double Tenant-Made Alterations in question at or prior to the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession end of the Premises by summary proceedings or otherwise. Any provision in this Lease Term, and if Landlord fails so to the contrary notwithstandingspecify, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without have no further obligation to provide Tenant any notice or cure period, all remove the Tenant-Made Alterations which were the subject of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverTenant's request.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Surrender. (a) Section 21.01 On the date on which Termination Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord pursuant to Article 18 upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair except for ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that casualty, together with all Tenant is Improvements which are not required to remedy be removed at the end of the Term by Tenant under Article 10 and Fixtures and any Tenant Improvements which Tenant has the option to remove but does not in fact remove (except as otherwise provided for in this Lease). Prior Tenant shall remove from the Real Property all of Tenant’s Property, all Tenant Improvements which are required to be removed at the end of the Term under Article 10 and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the expiration Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been, abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any reasonable expense reasonably incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Termination Date or the date of earlier termination of this Lease falls on a day which is not a Business Day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to the immediately preceding Business Day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall remove hereby indemnifies Landlord against actual, direct liability to the extent resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or its assignees prospective tenant founded upon such delay and any other loss, cost or subtenants. Tenant shall repair any damage (consequential or otherwise) resulting from such removal and shall restore therefrom, subject, however, to the Property to good order and condition. Any provisions of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, 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. If Tenant 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 sufferSection 18.07.
(b) If Section 21.04 In the event Tenant remains in possession of the Premises after the expiration termination of this Lease without Landlord’s consent or the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant at sufferance, at a per diem rental equal to two hundred (200%) percent of the Annual Base Rent on a per diem basis; and Tenant shall be responsible for any and all direct damages Landlord actually incurs as a result thereof.
Section 21.05 Tenant’s obligation under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Carbonite Inc)
Surrender. (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 At the expiration or termination of this Lease, Tenant shall remove surrender immediate possession of the Leased Premises in good condition and repair subject to reasonable wear and tear, changes and alterations (approved, if and to the extent necessary, in accordance with this Lease), damage by fire, casualty and the elements (with respect to which proceeds from Tenant’s insurance required by this Lease have been paid to Landlord or Landlord’s lender as loss payee, if and to the Property all furnitureextent necessary, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwisein accordance with this Lease), and all other personal property installed repairs which are ▇▇▇▇▇▇▇▇’s obligation. Any holding over by Tenant shall not operate, except by written agreement, to extend or its assignees renew this Lease or subtenants. to imply or create a new lease, but in case of any such holdover, 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 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 Tenant does not return possession of to occupy the Premises as a tenant from month to Landlord month, subject to all conditions, provisions and obligations set forth in this Lease insofar as the condition required under this Leasesame are applicable to a month-to-month tenancy, except that Tenant shall pay to Landlord all resulting damages Landlord may suffer.
on a month-to-month basis, an amount of Fixed Rent that equals one hundred twenty-five percent (b125%) If Tenant remains in possession of the Premises after the expiration or termination Fixed Rent payable immediately prior to such holdover, for each month of this Leaseholdover, Tenant’s occupancy of the Premises shall be together with all Additional Rent that of a tenancy at will. Tenant’s occupancy during any holdover period shall would otherwise be subject to due hereunder, and in addition Landlord shall have all remedies as may be available in law or equity. All Trade Fixtures, movable furniture and personal effects of Tenant not removed from the provisions of this Lease (unless clearly inapplicable), except that Leased Premises upon the Monthly Rent shall be double vacation or abandonment thereof or upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease for any cause whatsoever shall operate conclusively be deemed to extend the Term have been abandoned and may be appropriated, sold, stored, destroyed or prevent otherwise disposed of by Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease without notice to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, and without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultaccount therefor, and Tenant shall be liable reimburse Landlord for all damages, including consequential damages, that Landlord suffers as a result reasonable expenses incurred in connection with the disposition of the holdoversuch property.
Appears in 1 contract
Sources: Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)
Surrender. (a) On Tenant agrees that on the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good conditionTerm, 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 on the expiration or sooner termination of this Lease, Tenant shall remove from surrender the Property premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all furnitureinterior walls cleaned and repaired, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)any carpets cleaned, and all other personal property installed floors cleaned and waxed, and (b) otherwise in accordance with Paragraph 32(e). 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 assignees obligations under this Lease. On or subtenants. before the expiration or sooner termination of this Lease, (i) 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 resulting from caused by such removal removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall restore the Property be required), require Tenant at Tenant's expense to good order remove any or all Alterations in accordance with Paragraph 12 of this Lease and conditionto repair any damage caused by such removal. Any of Tenant’s personal property 's Property not so removed by Tenant as required herein shall be deemed abandonedabandoned and may be stored, removed, and Landlord, disposed of by Landlord at Tenant’s 's expense, may remove, store, sell or otherwise dispose 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 such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises as the property of Landlord. Notwithstanding anything to Landlord the contrary contained in the condition required under this Lease, Tenant shall pay only be required to remove Alterations which Landlord all resulting damages identifies in writing as requiring removal at the time Tenant requests Landlord's consent to such Alterations (or at the time Tenant notifies Landlord may sufferof any Minor Modifications pursuant to Paragraph 12).
(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. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Office Lease Agreement (Performance Capital Management LLC)
Surrender. (a) On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord, Tenant shall return possession of shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair, ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for ordinary wear and tearin this Lease). Tenant shall, at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to be removed by Landlord (in accordance with Section 20.01(b) below), and except for casualty (iii) any personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property or other conditions that personal property which shall remain in the Premises (A) after the Expiration Date or (B) for thirty (30) days after the termination of this Lease 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, 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 Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant is not required as Additional Rent on demand. The obligations of Tenant under this shall survive the expiration or sooner termination of the Lease.
(b) Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to remedy under enforce the provisions of this Article.
(c) Simultaneously with Landlord’s approval of the Initial Improvements or any subsequent Alteration, provided Tenant shall expressly request Landlord to do so in a writing accompanying Tenant’s plans and specifications submitted to Landlord for approval pursuant to Article 7 Landlord shall notify Tenant (i) whether, in Landlord’s opinion, any of the alterations, additions or improvements to be installed with the Initial Improvements or subsequent Alteration in question (as the case may be) constitute an Extraordinary Fixture (and identifying same) and (ii) which items, of those identified as Extraordinary Fixtures, Tenant must remove at the expiration or earlier termination of this Lease. Prior If Landlord notified Tenant at the time Landlord approves the Initial Improvements or any subsequent Alteration in question (as the case may be) that in Landlord’s opinion the alterations, additions or improvements (or any of them) installed in connection therewith constitutes an Extraordinary Fixture, but that Landlord will not require Tenant to remove same at the expiration or sooner termination of this Lease, then Landlord shall have waived its right to cause Tenant to remove such alterations, additions or improvements and Tenant shall not be obligated to remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 propertysame. If Landlord fails to notify Tenant does not return possession of at the Premises time Landlord approves the Initial Improvements or any subsequent Alteration (as the case may be) that in Landlord’s opinion an alteration, addition or improvement to be installed in connection therewith constitutes an Extraordinary Fixture or that Landlord in the condition required under this Lease, will require Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after to remove same at the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises then Landlord shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject deemed to the provisions of this Lease (unless clearly inapplicable)have waived its right to cause Tenant to remove such alterations, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover additions or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, improvements and Tenant shall not be liable for all damages, including consequential damages, that Landlord suffers obligated to remove same. “Extraordinary Fixture” means (i) any slab opening in the Premises which does not exist as a result of the holdover.date hereof and which is made by Tenant, and (ii) a fixture which, at the time of installation, (aa) is not the type of improvement customarily found in a standard office installations and (bb) is materially more expensive to remove than the type of improvement that is customarily found in standard office installations; such as, but not by way of limitation, any internal staircases, vaults, safes, raised floors, reinforced floors, slabs, computer installations (including all cabling and wiring), cooking kitchens, libraries, file rooms, conveyors, dumbwaiters, specialty finishes and private bathrooms and any other unusual improvements to the extent that any of the foregoing were installed in the Premises after the date hereof and restore the Premises to their condition prior to the making of such improvements provided that air handlers, chillers and other air conditioning equipment installed by or for Tenant shall in no event constitute “Extraordinary Fixtures”, and provided further that Tenant shall reimburse Landlord for the cost of restoring the elevator, and re-programming the same to reinstate the modifications being performed by Landlord as described in Exhibit L.
Appears in 1 contract
Sources: Lease (MF Global Ltd.)
Surrender. (a) 23.01. On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises pursuant to Article 25 herein, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for damage by fire or casualty and such other damage or other conditions that Tenant destruction as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work and the completion of Tenant's Finish Work. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall be removed, except as may otherwise have been provided by Landlord at the time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. With respect to Landlord's Work set forth in Exhibit C, after review and completion of the final construction drawings, Landlord reserves the right to notify Tenant of any restoration Tenant shall remove from be responsible for upon the Property all furnituretermination of this Lease. If Tenant fails to perform any restoration required of it under this Lease on or before the last day of the term of this Lease or upon any earlier termination, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 Landlorda hold-over Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. Ninety (90) days prior to the Expiration Date of this Lease, at the request of Tenant’s expense, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all restoration which shall be required to be completed by Tenant by the Expiration Date. Thereafter, Tenant may remove, store, sell request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Failure by Landlord and Tenant to walk through the Demised Premises or otherwise dispose of such property in such manner as failure by Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession to provide an estimate of the cost of the restoration required as set forth above shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. In lieu of restoring the Demised Premises as required pursuant to Landlord in the condition required under this Lease, Tenant may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will notify Tenant of its restoration obligations and, as a result, notwithstanding the ninety (90) day time period set forth above, it shall be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such restoration prior to the Expiration Date of the Lease. If Tenant fails remove its Property and/or fails to perform any restoration required of it under this Lease and/or fails to pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession for the cost of any restoration required on or before the last day 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. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions term of this Lease (unless clearly inapplicable)or upon any earlier termination, except that the Monthly Rent Tenant shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by deemed a hold-over Tenant after the expiration or termination under Article 40 of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by until such time as Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverhas completed such restoration.
Appears in 1 contract
Sources: Lease Agreement (I Many Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, including the Work completed under Exhibit “E” or “K” as applicable and any Alterations made by Tenant and not required by Landlord to be removed by Tenant, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants; Tenant’s Exterior Sign, in accordance with Section 11; and to the extent required by Landlord in accordance with Section 12, any Alterations constructed and installed by Tenant. Notwithstanding the foregoing, Tenant shall not be required to remove (i) any wiring, conduits or cabling or (ii) any of the Work completed under Exhibit “E” or “K” as applicable, other than non-standard office improvements which Landlord may require Tenant to remove under the terms of Paragraph E-3 of Article II of Exhibit “E”. Tenant shall repair any damage resulting from such removal removal, including matching finishes to the surrounding areas, at Tenant’s sole cost and shall restore the Property to good order and conditionexpense. Any At Landlord’s sole option, 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 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 Tenant ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Landlord may restore the Premises to the condition required to be in when returned by Tenant under the terms of this Lease, and Tenant shall pay Landlord all resulting damages Landlord may sufferthe cost thereof on demand.
(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 willwill or at sufferance at Landlord’s option. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that Tenant shall pay to Landlord, promptly within 10 days of written demand, for each month or partial month Tenant thus remains in possession, (i) for the Monthly Rent shall be double first three (3) months of such holdover, including any partial month before the fourth month of such holdover, a monthly sum equal to one hundred fifty percent (150%) of the highest rate of Monthly Rent payable under the Lease during the Term and (ii) for the last full fourth month immediately preceding or partial month of such holdover, and each subsequent month or partial month of such holdover, a monthly sum equal to two hundred percent (200%) of the holdoverhighest rate of Monthly Rent payable under the Lease during the Term. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, (i) any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, damages that Landlord suffers as a result of the holdoverholdover and (ii) Tenant shall indemnify, defend and hold harmless Landlord against all claims and demands made by succeeding tenants against Landlord, founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant.
Appears in 1 contract
Surrender. (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 Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Talk City Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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) Business 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 ▇▇▇▇▇▇▇▇'s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Americom Usa Inc)
Surrender. (a) On No later than upon the date on which this Lease expires expiration or terminatesearlier termination of the Term or Tenant's right to possession of the Premises, Tenant shall return possession of vacate and surrender the Premises to Landlord in good conditionorder and condition and in conformity with the applicable provisions of this Lease, except for ordinary wear and tearincluding without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and except for casualty damage if Tenant does not vacate as required such failure shall be deemed an Event of Default and Tenant's occupancy shall not be construed to effect or constitute anything other conditions than a tenancy at sufferance. During any period of occupancy beyond the expiration or earlier termination of the Term the amount of Rent owed by Tenant. a Landlord shall be one hundred fifty percent (150%) of the Rent that Tenant is not required to remedy would otherwise be due under this Lease, without prorating for any partial month of holdover. Prior to The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys' fees, incurred by Landlord as a result of such holdover. The provisions of this section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. In addition, if Tenant fails to vacate and surrender the Premises as herein required, Tenant shall indemnify, defend and hold harmless Landlord from all costs, losses, expenses or liabilities incurred as a result of such failure, including without limitation, claims made by any succeeding tenant and real estate brokers' claims and reasonable attorneys' fees. At the end of the Term or sooner termination of Tenant's right to possession of the Premises, Tenant shall, at Landlord's option, remove all furniture, movable trade fixtures and equipment (including telephone security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, Tenant shall remove from and the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsprovisions of this Article 19. 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 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 Tenant 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 sha11survive the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furnitureLeased Premises or Affected Premises, trade fixturesas is applicable, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of the Premises to Landlord in the same condition in which the Leased Premises or Affected Premises, if applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear and damage from any Casualty or Condemnation excepted; provided, however, that with respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if applicable, Landlord has received the Termination Amount. Upon such surrender, Tenant shall (a) remove from the Leased Premises or Affected Premises, if applicable, all Tenant’s Property and Alterations required to be removed pursuant to Paragraph 13 hereof, 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 or Affected Premises, if applicable. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises or Affected Premises, if applicable, 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 which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains be under no obligation to patch, repair or replace finish work, such as wallcoverings, paint and carpeting, or to patch, repair or cover holes in possession the walls or floor left by the removal of the Premises after the expiration any Alteration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject property to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover extent such removal was performed in a reasonable or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovernormal manner.
Appears in 1 contract
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of the Leased Premises to Landlord in the same condition required under in which the Leased Premises were at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear, and damage by casualty or condemnation, excepted. Upon such surrender, Tenant shall pay Landlord (a) remove from the Leased Premises all resulting damages property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Billboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. Property not so removed shall be deemed abandoned and become the property of Landlord, and Landlord may sufferthereafter cause such property to be removed from the Leased Premises. Landlord shall not be obligated to store any such property. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal, together with an administrative charge of five percent (5%) of the cost of Landlord’s performance shall be paid by Tenant to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and if not paid within ten (10) Business Days, shall bear interest at the Default Rate. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant remains fails to vacate and surrender the Leased Premises on or before the Expiration Date or earlier termination of this Lease in accordance with the provisions of this Lease, Tenant shall be a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in advance in an amount equal to 150% of Basic Rent payable immediately prior to the Expiration Date or such early termination until Tenant shall have vacated and surrendered the Leased Premises in accordance with the provisions of this Lease. The provisions of this Paragraph 26 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Leased Premises after the expiration Expiration Date or sooner termination of this Lease, Tenant’s occupancy Lease or (ii) imply any right of Tenant to use or occupy the Leased Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the upon expiration or termination of this Lease shall operate to extend and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term or prevent Landlord from immediate recovery of possession shall be deemed to be other than on account of the Premises amount to be paid by summary proceedings or otherwise. Any provision Tenant in accordance with the provisions of this Lease Paragraph 26.
(c) Notwithstanding anything to the contrary notwithstandingelsewhere in this Lease, if Tenant fails to so vacate and surrender the Leased Premises in accordance with this Lease on or before the Expiration Date, then, in addition to any holdover by other liabilities to Landlord accruing therefrom, Tenant shall constitute a default on the part indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of Tenant under this Lease entitling Landlord action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to exercisesuch failure (directly or indirectly, in whole or in part), including, without obligation to provide Tenant any notice or cure period, all limiting the generality of the remedies available to Landlord in foregoing, loss of future rents as a consequence of such failure until the event earlier of (i) the effective date of a Tenant default, new lease executed by Landlord and Tenant another tenant for the Leased Premises or (ii) twenty-four (24) months after the Expiration Date. Tenant’s indemnification obligations set forth herein shall be liable for all damages, including consequential damages, that Landlord suffers as a result survive the Expiration Date or earlier termination of the holdoverthis Lease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Surrender. (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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling other than wiring and cabling installed as part of the Tenant's Improvement Work (unless Landlord directs advises Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition, excepting only ordinary wear and tear, casualty damage or other conditions that Tenant is not required to remedy under this Lease. Any of Tenant’s 's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s '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. If Tenant 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 this Lease, Tenant’s 's occupancy of the Premises shall be that of a tenancy at will. Tenant’s 's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that (i) if Tenant give Landlord written notice of its intention to hold over at least ninety (90) days prior to the Expiration Date, then for the first ninety (90) days of the holdover the Monthly Rent shall be one hundred fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover, or (ii) if Tenant does not give Landlord written notice of its intention to hold over at least ninety (90) days prior to the Expiration Date, then the Monthly Rent shall be double the Monthly Rent for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Tasty Baking Co)
Surrender. (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 Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article 25 or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal 22 property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 on expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of term as allowed or required by this Lease (unless clearly inapplicable)and title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover alterations or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, personal property and Tenant shall be liable to Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property which Tenant fails to remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result reasonable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Isocor)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenants’ responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations required to be removed by Tenant under Paragraph 12 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 the Lease Term shall survive the termination of the Lease Term, 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 prior to the expiration or earlier termination of this Lease, and such failure continues for more than five (5) business days following written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 5% of such costs, within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor accompanied by reasonable supporting documentation with respect thereto, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Sources: Lease Agreement (Ziprecruiter, Inc.)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in their condition as of the Commencement Date, except for normal wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations that Tenant is not required to remove; provided, however, that prior to the expiration or earlier termination of this Lease Tenant: (i) shall remove from all telephone and other cabling installed in the Property Building by Tenant, all of Tenant’s personal property, furniture, trade fixturesdecorations, equipmentinterior or exterior signs, wiring and cabling (unless Landlord directs Tenant otherwise)Trade Fixtures, and all other personal property installed Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the Premises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall patch and refinish all penetrations made by Tenant or its assignees agents or subtenantsemployees to the floor, walls, or ceiling of the Premises necessitated by Tenant’s removal of Alterations and/or Trade Fixtures, whether or not made or installed with Landlord’s approval. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, and floor coverings to the extent the same require repair or replacement beyond normal wear and tear. All repairs shall be made to Landlord’s reasonable satisfaction. If any such removal or repair is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to cause such removal or repair to be performed and to repair any damage resulting from and perform any restoration work caused or occasioned by such removal and shall restore the Property to good order and conditionremoval. 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 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 Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal, repair and restoration, for storage of Tenant’s property 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, repair and restoration. Landlord shall also have the right to retain or dispose of all or any portion of Tenant’s 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 Tenant’s property. Upon expiration or earlier termination of this 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. The term “normal wear and tear,” for purposes of this provision, shall be construed to 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 and repair; and 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 if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Verigy Ltd.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 unless such damage or loss is due to Landlord’s gross negligence or willful misconduct. Upon expiration or termination of this 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Taleo Corp)
Surrender. (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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling installed by or on behalf of Tenant (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant ▇▇▇▇▇▇ 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 this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except 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 thereafter, the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by 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 obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover...
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Surrender. (a) On Tenant shall, at the date on which expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, 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 thereafter two hundred percent (200%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be. The acceptance of rent by Landlord or the failure or delay of Landlord in good condition, except notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant shall be deemed liquidated damages to Landlord and not a penalty (it being understood that the same shall not prohibit Landlord from recovering damages from Tenant as provided below in this Article 27). It is further agreed that in the event Tenant continues to holdover 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 three (3) months after the expiration or termination of this Lease, Tenant shall remove from also be liable to Landlord for any damages suffered by Landlord as result of Tenant's failure to surrender the Property all furniturePremises. Landlord agrees to treat Tenant as a tenant at sufferance. Notwithstanding anything in this Article contained to the contrary, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed 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 its assignees eviction action or subtenantsproceeding or any action or proceeding in the nature thereof. 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 The preceding sentence shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose to be an "agreement expressly providing otherwise" within the meaning 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 Tenant does not return possession Section 232-c 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 Real Property Law of the Premises after the expiration or termination State of this Lease, Tenant’s occupancy New York and any successor law of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverlike import.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises and all Tenant Improvements, Permitted Alterations and Alterations to Landlord broom-clean and in good their original condition, except for ordinary reasonable wear and tear, damage from casualty or condemnation and except for casualty damage or other conditions any changes resulting from Permitted Alterations and approved Alterations; provided, however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, Tenant shall remove all from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations and Permitted Alterations that Landlord has elected to require Tenant to remove (except that Landlord will not removed as be permitted to require Tenant to remove any Alterations and Permitted Alterations that Landlord advised Tenant in writing that Tenant would not be required shall to remove in accordance with Section 7.1 above nor will Tenant be deemed abandonedrequired to remove the initial Tenant Improvements installed by Landlord pursuant to the Tenant Improvement Rider) and repair any damage caused by such removal, and Landlordif such removal is not timely completed, at Tenant’s expenseLandlord shall have the right (but no obligation) to remove the same, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, and Tenant shall pay Landlord as Additional Rent on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 twenty (20) 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 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 15.1 shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Yelp! Inc)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the same condition required under this Leaseas existed on the date Tenant originally took possession thereof, reasonable wear and tear excepted. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession not commit or allow any waste or damage to be committed on any portion of the Premises after or the expiration or Property. All property that Tenant is required to surrender shall become Landlord’s property upon the termination of this Lease. If Tenant fails to timely remove its personal property from the Premises, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, all at Tenant’s occupancy sole cost and expense. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be that construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Notwithstanding anything to the contrary herein, as part of Tenant’s surrender obligations, Tenant shall return the service corridor in the same condition as of the date hereof (including if applicable, restoration of the wall separating the Building from the Warehouse and installation of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject carbon monoxide ventilation system equivalent to the provisions one located in the Building as of this Lease (unless clearly inapplicablethe date hereof), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord not be required to exercise, without obligation to provide Tenant relocate and or reinstall any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrollup doors.)
Appears in 1 contract
Sources: Modified Industrial Gross Lease (Energy Recovery, Inc.)
Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good order and condition, reasonable wear and tear excepted and subject to the provisions of Section 7 and Section 8, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises Property must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furnitureafter the expiration or sooner termination of the Term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring one and cabling one-half (unless Landlord directs Tenant otherwise), 1½) times the aggregate of the Fixed Rent and all other personal property installed by Tenant or its assignees or subtenantsAdditional Rent which was payable under this Lease with respect to the last month of the Term hereof. 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 Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell to permit Tenant to retain possession of the Property after the expiration or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Term of this Lease. If Tenant 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 holds over in possession of the Premises after the expiration or termination of this the Term of the Lease, Tenant’s occupancy of the Premises such holding over shall not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the Premises by summary proceedings state where the Property is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Surrender. No later than the Expiration Date or earlier termination of Tenant's right to possession of the Premises (a) On the date on which this Lease expires or terminates“Surrender Date”), Tenant shall return possession of must vacate and surrender the Premises to Landlord in good order and condition, except for ordinary wear and tearvacant, broom clean, and except for casualty damage or other conditions that Tenant is not required to remedy under in conformity with the applicable provisions of this Lease. Prior Tenant has no right to hold over beyond the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)Surrender Date, and all other personal property installed by Tenant or its 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 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 if Tenant does not return possession 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 Surrender Date, the amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the Premises to Landlord in the condition required Rent that would otherwise be due under this Lease, Tenant shall pay without prorating for any partial month of holdover. The “Holdover Percentage” equals: (i) 150% for the first month of holdover; and (ii) 200% for any period of holdover beyond 1 month The provisions of this Section ▇▇▇▇ not constitute a waiver by Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains of any right of reentry as set forth in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy nor will receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease. If Tenant fails to vacate and surrender the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)as and when required, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent must indemnify, defend, and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings all costs, losses, expenses, or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers liabilities incurred as a result of such failure No later than the holdoverSurrender Date, at Tenant's expense Tenant must remove from the Premises Tenant's Property, all alterations to the Premises made by or on behalf of Tenant, and all telephone, security, and communication equipment system wiring and cabling, and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal or replace the damaged component of the 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 Section survive the Expiration Date.
Appears in 1 contract
Sources: Lease (Inpixon)
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of the Leased Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of which the Leased Premises after was at the expiration or termination commencement of this Lease, Tenant’s occupancy except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Upon such surrender, Tenant shall (a) remove from the Leased Premises all personal property, Trade Fixtures and equipment (other than the Building Equipment) which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. The personal property, Trade Fixtures and equipment not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment 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 which becomes the property of Landlord pursuant to this Section 26. If Tenant holds over in possession after the expiration or termination of this Lease the Term, then such holding over shall operate not be deemed to extend the Term or prevent Landlord from immediate recovery of possession renew this Lease, but rather the tenancy thereafter shall continue as a tenancy at sufferance pursuant to the terms and conditions herein contained, at one hundred fifty percent (150%) of the Premises by summary proceedings Interim Rent or otherwise. Any provision Minimum Rent in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default effect on the part date of such expiration (plus the requirement that Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available pay to Landlord in the event of a Tenant default, all Additional Rent); and Tenant shall be liable for indemnify, defend, protect (with counsel selected by Landlord) and hold Landlord and all Indemnitees wholly free and harmless of, from and against any and all damages, losses, costs, expenses and claims arising therefrom, including consequential damagesreasonable attorneys’ fees and costs. This Section 26 shall survive expiration, that Landlord suffers as a result termination or rejection in bankruptcy of the holdoverLease.
Appears in 1 contract
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the same condition as received (except Tenant-Made Alterations and Tenant Improvements that are required under or allowed to remain on the Premises pursuant to the terms of this Lease), broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in compliance with the provisions of Exhibit E attached hereto. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be 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, Tenant-Made 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 disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, 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 prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires Lease, peaceably surrender the Leased Premises, including any [Tenant Improvements] or terminates[Tenant's improvements and/or alterations installed pursuant to Article 7.2], in a janitorial clean condition and otherwise in as good condition as when Tenant shall return possession of the Premises to Landlord in good conditiontook possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a bill ▇▇ sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall given written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purpose of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liabilities for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including the Tenant shall return possession of the Premises Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, elect to remove all or any part of such personal property from the Leased Premises, and the reasonable costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within 30 days after receipt of Landlord's statement. Upon the expiration or or-earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease, Tenant’s occupancy . Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at willdetermining Tenant's liability for repairs and restoration hereunder. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover16.
Appears in 1 contract
Sources: Lease Agreement (Suntek Corp)
Surrender. (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 At the expiration or other termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in as good order and condition as they were at the condition required under commencement of the Term or may be put in thereafter in accordance with this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
reasonable wear and tear and (bother than for any Restoration required by the terms of this Lease) If Tenant remains in possession damage to the Premises by any Major Condemnation of the Premises after or casualty damage for which Tenant is expressly not responsible excepted. All alterations (including, without limitation, Tenant’s trade fixtures, satellite communications dish and equipment, conveyor systems, and other similar equipment and shelving (“trade fixtures”) that Tenant, at its discretion, elects to not remove from the Premises) shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of this Leasethe Term, Tenant shall remove any trade fixtures that Tenant’s occupancy , 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 not so removed at the end of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession within thirty (30) days after the earlier termination of the Premises by summary proceedings or otherwise. Any provision in this Lease to Term for any reason whatsoever shall become the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part property of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultLandlord, and Landlord may thereafter cause such property to be removed from the Premises. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant shall be liable for all damages, including consequential damages, that any property which becomes the property of Landlord suffers as a result of such expiration or earlier termination. The provisions of this Section 20 shall survive the holdovertermination or expiration of this Lease.
Appears in 1 contract
Sources: Master Lease (Scholastic Corp)
Surrender. (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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall not be required to remove its wiring and cabling unless Tenant cuts or damages such wiring and cabling, in which case Tenant shall be required to remove such wiring and cabling prior to the expiration or termination of this Lease. 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double one hundred fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Sourcefire Inc)
Surrender. (a) 24.01 On the date on which last day of the Term, or upon any earlier termination of this Lease expires Lease, or terminatesupon any re-entry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to the Landlord broom clean, in good conditionorder, condition and repair except for ordinary wear and tear, tear and except for casualty damage by fire or other conditions that Tenant is not required to remedy under this Lease. insured casualty, restored as provided in Section 12.01.
24.02 Prior to the expiration or termination of this Leasesuch surrender, Tenant shall (a) remove Tenant’s Property subject to the provisions of Article 13 hereof, (b) at Landlord’s request remove from the Property Demised Premises all furnitureimprovements, trade fixturesalterations, equipmentadditions, wiring fixtures and cabling equipment (unless Landlord directs Tenant otherwisesometimes herein called “additional work”), and all other personal property installed whether such additional work was performed by Tenant or its assignees by Landlord on Tenant’s behalf, and whether such additional work consisted of extra or subtenants. Tenant shall special work or additional items or quantities of Building standard work, 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 and be comparable to adjacent areas. Tenant’s removal and repair obligations hereunder with respect to the Demised Premises shall restore extend to the Property to good order and condition. Any core area or any other part of the Building where any additional work was performed by or on behalf of Tenant’s personal property not removed . If Tenant shall fail to perform as required provided in this Section 24.02, Landlord shall be deemed abandoned, and Landlord, have the right to do so at Tenant’s cost and expense, may removewithout further notice or demand upon Tenant, storeand Tenant shall indemnify Landlord against all loss or liability resulting therefrom, sell or otherwise dispose of such property including, without limitation, any delay in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession granting occupancy of the Demised Premises to Landlord in the condition required under this Lease, a future occupant.
24.03 Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) have no right to hold over at expiration of the Term or any extension thereof. If Tenant remains in possession of the Premises after the expiration or termination of this Leasepossession, Tenant’s occupancy of the Premises status shall be that of a tenancy at will. Tenant’s occupancy during any holdover period mere licensee and Tenant shall otherwise be subject to damages that Landlord might suffer arising out of Tenant’s continued occupancy of the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent Demised Premises. Damages shall be double two (2) times the Monthly Rent payable for per diem rental of the last full month immediately preceding prior to the holdover. No holdover or payment by Tenant after the expiration or termination end of this Lease shall operate to extend the Term or prevent plus costs, expense and fees incurred by Landlord from immediate recovery in causing Tenant to vacate said Premises. However, not withstanding the foregoing, (i) during the first month of possession hold over status, the hold over damages shall be limited to 150% of the Premises by summary proceedings or otherwise. Any provision in this Lease per diem rental of the month immediately prior to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all end of the remedies available term, (ii) during the second month of hold over status, the holdover damages shall be limited to Landlord in 175% of the event per diem rental of a Tenant defaultthe month immediately prior to the end of the Term, and (iii) (ii) during the third month of hold over status, the holdover damages shall be limited to 200% of the per diem rental of the month immediately prior to the end of the Term. In addition, Tenant shall be liable for all damages, including consequential damages, that Landlord suffers Landlord’s loss of profits which may result from Tenant’s failure to deliver possession as a result of the holdoverrequired hereunder.
Appears in 1 contract
Surrender. (a) a. On the date last day of the term or on which this Lease expires or terminatesthe sooner termination thereof, Tenant shall return possession shall, at Tenant's sole cost and expense peaceably surrender the Demised Premises broom-clean, in as good order and condition as of the Premises to Landlord in good conditioncommencement of the term of this Lease, except for ordinary reasonable wear and teartear and damage by casualty. Tenant may remove from the Demised Premises its signs, furniture, equipment, machinery, trade fixtures, HVAC, and except for casualty portable walls, provided same shall have been acquired and installed at Tenant's cost and expense by Tenant ("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. Tenant shall in no event be obligated to remove the roof top penthouse constructed by Tenant. Any damage or other conditions that to the Demised Premises caused by Tenant is not required to remedy under in the removal of Tenant's Property shall be immediately repaired by Tenant at Tenant's sole cost and expense, and this Lease. Prior to obligation shall survive the expiration or sooner termination of this Lease.
b. Title to all alterations, Tenant shall remove from the Property all furnitureadditions, trade improvements, repairs, fixtures, equipmentother than Tenant's Property, wiring and cabling (unless which shall have been made, furnished or installed by or at the expense of the Landlord directs Tenant otherwise)in or upon the Demised Premises, shall vest in Landlord upon the installation thereof, and all other personal property installed the same shall remain upon and be surrendered with the Demised Premises as part thereof without disturbance and without charge, unless otherwise required by Tenant or its 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease (Anadigics Inc)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a bill of sale. Prior Landlord may, however, if it so elects, remove all or a▇▇ ▇art of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Surrender. (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 Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article 25 or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such Improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant 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 on expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of term as allowed or required by this Lease (unless clearly inapplicable)and title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover alterations or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, personal property and Tenant shall be liable to Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property which Tenant falls to remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result to enable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Doubletwist Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 in accordance with this Section 19.1. Upon expiration or termination of this 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Tercica Inc)
Surrender. (a) 19.01 - On the date on which this Lease expires last day of the term demised, or terminatesthe sooner termination thereof, Tenant shall return possession peaceably surrender the Premises broom clean, in good order, condition and repair wear and tear excepted. On or before the last day of the Premises term or the sooner termination thereof, Tenant shall, at its expense, remove its trade fixtures and signs from the Premises, and any property not removed shall be deemed abandoned and may be removed and disposed of by Landlord and the expense of such removal shall be paid to Landlord by Tenant without any setoff for the salvage value of goods so removed. If the Premises be not surrendered at the end of the term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in good conditionso surrendering the Premises, except including, without limitation, claims made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for ordinary wear the Premises and tear, and except Building bathrooms to Landlord at the place then fixed for casualty damage or other conditions that Tenant is not required to remedy under this Leasepayment of rent. Prior to Tenant's covenants hereunder shall survive the expiration or termination of this Lease, .
19.02 - If the Tenant shall remove from occupy the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore Premises with 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 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 Tenant does not return possession consent 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 of this Lease and rent is accepted from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term expiring on the last day of the month next following the month in which the said Lease expired, and occupation thereafter shall operate to extend the term of this Lease for but (1) month at a time unless other terms of such extension are made in writing and signed by the parties hereto. In such event, if either Landlord or tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, Tenant’s occupancy of the Premises party so desiring to terminate the same shall be give the other party at least thirty (30) days written notice to that of a tenancy at willeffect. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default Failure on the part of the Tenant under this Lease entitling Landlord to exercise, without obligation give such notice shall obligate it to provide pay rent for an additional calendar month following the month in which the Tenant any notice or cure period, all of has vacated the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 1 contract
Surrender. (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 Upon termination of this Lease, Tenant whether by reason of lapse of time, forfeiture or otherwise, ▇▇▇▇▇▇ shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return immediately surrender possession of the Premises and all fixtures and improvements then on the same to Landlord in good order, condition and repair, ordinary wear and tear and loss by insured casualty with effective waiver of subrogation excepted, and all fixtures and improvements on the condition required Premises shall, at Landlord’s option, become the property of Landlord without any obligation on the part of Landlord to compensate Tenant therefor. If possession is not immediately surrendered, Landlord, with or without process of law, may re-enter the Premises and repossess the same or any part thereof and expel and remove therefrom, using all legal means, all persons and property without being deemed guilty of any unlawful act or liable for damages by reason of such re-entry for forfeiture and without prejudice to any other legal remedy available to Landlord. Notwithstanding such re-entry by Landlord or any termination or forfeiture under this Lease, the liability of Tenant for the Rent provided for herein shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession continue for the balance of the Premises after Term. Tenant will pay, in addition to the expiration or termination of this LeaseRent and other sums agreed to be paid hereunder, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to actual reasonable attorneys' fees for enforcing the provisions of this Lease (unless clearly inapplicable)and collecting the Rent due Landlord hereunder, except that the Monthly Rent whether or not suit is commenced. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be double the Monthly Rent payable provided by and paid for the last full month immediately preceding the holdover. No holdover or payment by Tenant after at its sole expense, but shall become the expiration or property of Landlord and shall be surrendered with the Premises upon termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingLease; provided, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damageshowever, that Landlord suffers may, by written notice to Tenant as a result provided in Section 27 of this Lease, require Tenant, at Tenant's sole cost and expense, to remove any or all improvements, alterations, additions or fixtures installed or made by Tenant on or to the holdoverPremises and to repair any damages to the Premises caused by such removal.
Appears in 1 contract
Sources: Lease Agreement
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return deliver up and surrender to Landlord possession of the Demised Premises upon the expiration or earlier termination of the Term, broom clean, free of debris, in good order, condition and state of repair and shall deliver the keys at the office of Landlord or to any other address as Landlord may designate. Tenant shall properly disconnect and tag all low voltage data cabling in the Demised Premises. Tenant, at its expense, shall repair any damage occasioned to the Demised Premises or any portion of the Project by reason of installation or removal of any trade fixtures and other personal property. If Tenant fails to remove such items from the Demised Premises within three (3) Business Days after such expiration or termination, then in any such event all such trade fixtures and other personal property shall thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and restore the Demised Premises to its prior condition at Tenant’s expense. All leasehold improvements to the Demised Premises by Tenant, including, but not limited to, the items furnished pursuant to Landlord’s Work and Tenant’s Work, but excluding trade fixtures, shall become the property of Landlord in good condition, except for ordinary wear and tear, and except for casualty damage upon expiration or other conditions that Tenant is not required to remedy under earlier termination of this Lease. Prior ; provided, however, that at the time Landlord approves any alterations to the Demised Premises, Landlord may designate by written notice to Tenant those alterations, changes and additions which shall be removed by Tenant at the expiration or termination of this Lease, in which event Tenant shall shall, at its expense, promptly remove from the Property all furniture, trade fixtures, equipment, wiring same and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from to the Demised Premises caused by such removal and removal, which obligation 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 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 Tenant 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 survive the expiration or other termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part The obligations of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice Section shall survive the expiration or cure period, all other termination of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverthis Lease.
Appears in 1 contract
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesother termination of the Term, Tenant shall return will immediately vacate and surrender possession of the Premises to Landlord in good order, repair and condition, broom clean, except for ordinary wear and tear, tear and except for casualty damage or other conditions that Tenant is not required to remedy under this Leaseby casualty. Prior to Upon the expiration or other termination of the Term, at Landlord's option, Tenant shall restore the Premises to the same condition as they were in at the beginning of the Term after the completion of the initial build-out performed in accordance with Exhibit B to this LeaseLease and after any additional build-out if Tenant exercises either or both of its expansion or contraction options, and remove those additional Alterations installed for or during Tenant's occupancy from and after the Commencement Date, whether made by Landlord or Tenant, which Landlord either had no right to consent to or specified in its consent to the same that it must be removed at the end of the Term, shall request Tenant to remove. Upon expiration or other termination of the Term, Tenant shall remove from the Property all furniture, of Tenant's trade fixtures, equipmentoffice furniture, wiring office equipment and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsproperty. Tenant shall repair will pay Landlord on demand the reasonable, documented cost of repairing any damage resulting from to the Premises or Building caused by the installation or removal of any such removal and shall restore the Property to good order and conditionitems. Any of Tenant’s personal 's property not removed as required shall remaining in the Premises will be conclusively deemed abandonedto have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of Tenant will pay Landlord on demand all costs incurred by Landlord relating to such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its abandoned property. If Tenant does not return possession of the Premises to Landlord in the condition required Tenant's obligations under this Lease, Tenant Section 3.4 shall pay Landlord all resulting damages Landlord may suffer.
(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. Tenant’s occupancy during survive any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession expiration of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverTerm.
Appears in 1 contract
Surrender. (a) On the date on which Upon termination or expiration of this Lease expires or terminatestermination of Tenant's right to possession, Tenant shall return possession of will at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord Landlord, in good conditioncondition and repair, except for ordinary wear and tear, tear and except for loss by insured casualty damage or other conditions that Tenant is not required to remedy under this Leaseand condemnation excepted. Prior to the termination or expiration of the Lease or of Tenant's right to possession, Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively, "Tenant's Property") and repair any injury or damage to the 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 Premises to their original condition as existed prior to such improvements and Alterations, ordinary wear and tear excepted, upon expiration or termination of this Lease. If, Tenant shall remove from the Property all furnitureafter Landlord's request, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of so remove said improvements and Alterations promptly, Landlord may remove the Premises to Landlord in the condition required under this Lease, same and Tenant shall pay the reasonable cost of such removal to Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession upon demand. The provisions of this Section 17.1 shall survive the Premises after the termination or expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) Section 20.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Prior to the expiration or termination of this Lease, Tenant shall remove from the Real Property all furniture, trade fixtures, equipment, wiring and cabling of Tenant's Property (unless Landlord directs Tenant otherwise), excluding any of Tenants Property which is affixed or attached to the Premises) and all other personal property installed by Tenant and personal effects of all persons claiming through or its assignees or subtenants. Tenant shall repair any damage resulting from such removal under Tenant, and shall restore pay the cost of repairing all damage to the Premises and the Real Property to good order and conditionoccasioned by such removal. Any of Tenant’s 's Property or other personal property not removed as required which shall remain in the Premises after the termination of this Lease shall be deemed abandoned, to have been abandoned and Landlord, at Tenant’s expense, either may remove, store, sell be retained by Landlord as its property or otherwise dispose may be disposed of such property in such manner as Landlord may see fit and/or fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or sale proceeds as its property. If Tenant does not return possession disposing of the Premises such Tenant's Property or other personal property shall be reimbursed to Landlord in the condition required under this Lease, by Tenant shall pay Landlord all resulting damages Landlord may sufferas Additional Rent on demand.
(b) Section 20.02 If Tenant remains in possession the Expiration Date or the date 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. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or sooner termination of this Lease shall operate fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to extend the Term immediately preceding business day.
Section 20.03 Tenant expressly waives, for itself and for any person claiming through or prevent under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 20.04 The parties recognize that the damage to Landlord resulting from immediate recovery any failure of Tenant to timely surrender possession of the Premises by summary proceedings will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the Expiration Date (or otherwise. Any provision any sooner termination date), Tenant, at the option of the Landlord, shall pay to Landlord, as liquidated damages and not as a penalty and in this Lease lieu of consequential damages, a monthly rental equal to the contrary notwithstanding, any holdover by Tenant shall constitute a default on greater of (a) three (3) times the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all Fixed Rent and Additional Rent payable during the last month of the remedies available to Landlord in Term or (b) the event of a Tenant defaultthen current Fair Market Value Rent for the Premises, and Tenant shall be liable for continue to occupy the Premises subject to all damages, including consequential damages, that Landlord suffers as a result of the holdoverother terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 20.05 Tenant's obligations under this Article shall survive the termination of this Lease.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, Tenant shall return possession surrender the Premises and all tenant improvements and Alterations to Landlord and such shall be returned clean and in their original condition as of the Premises to Landlord in good conditionCommencement Date of this Lease, except for ordinary reasonable wear and tear; provided, and except for casualty damage or other conditions however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all Tenant’s personal property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), Tenant’s antenna systems and all cables, conduits, risers and other personal property installed similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Tenant or its assignees or subtenants. Tenant shall Landlord for removal and repair any damage resulting from caused by such removal. If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, 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. If Tenant 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 completed before the expiration or termination of this Leasethe Term, Tenant’s occupancy 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 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 that 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 a tenancy at willany such property. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings Building and shall deliver to Landlord all keys for or otherwisemake known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant Tenant’s obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice Section shall survive the expiration or cure period, all earlier termination of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverthis Lease.
Appears in 1 contract
Surrender. (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 Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Property all furnitureBuilding any mechanical or electrical systems, trade including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring and cabling (or any other aspect of any systems within the Premises, unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant specifically permits or its assignees or subtenantsrequires such removal in writing. Tenant shall repair surrender the Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as when received, and in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed "reasonable wear and tear”. If Tenant fails to remove 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 Property, or to restore the Premises to the required shall be deemed abandonedcondition, and within 2 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, may removeshall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, storepreservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, 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 propertyupon demand, the expenses and storage charges incurred. If Tenant does not return possession of fails to remove Tenant’s Property from the Premises to Landlord in the condition required under this Leaseor storage, Tenant shall pay Landlord all resulting damages within 30 days after notice, Landlord may suffer.
(b) If Tenant remains in possession deem all or any part of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Property to be that of a tenancy abandoned and, at will. Landlord’s option, title to Tenant’s occupancy during Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdovermanner Landlord deems appropriate. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Surrender. (a) On Provided that Lessee does not exercise the date on which purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Lease expires or terminateslease, Tenant Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required 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 remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items 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 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 Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise 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 (unless clearly inapplicable), except that the Monthly Rent lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of this lease will be extended for the last subsequent full month immediately preceding the holdoverperiods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment by Tenant of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Initial Term, if this lease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLessee.
Appears in 1 contract
Surrender. (a) On Tenant shall, at the date on which this Lease expires end of the Term or terminates, Tenant shall return sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Section 9. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord in good conditionby Tenant shall automatically extend, except at Landlord’s option, for ordinary wear an additional month to month at one hundred-fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of the Lease for the first month of such period and tear, and except for casualty damage or other conditions thereafter at two hundred percent (200%) of the sum of Rent as those sums are at that Tenant is not required to remedy time calculated under this the provision of the Lease. Prior to The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove from the Property all furniture, movable trade fixturesfixtures and equipment (including telephone, equipment, security and communication equipment system wiring and cabling (unless Landlord directs Tenant otherwise), cabling) in a good and all other personal property installed by Tenant workmanlike manner so as not to damage the Premises or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Building 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 otherwise dispose of such property in such manner so as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord disturb other tenants in the condition required under this Lease, Tenant shall Building. Tenant’s obligation to pay Landlord Rent and to perform all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of other Lease obligations for the Premises after period up to and including the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to and the provisions of this Lease (unless clearly inapplicable)Section, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or earlier termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Sources: Lease (Inovio Pharmaceuticals, Inc.)
Surrender. (a) On Upon the date on which expiration or termination of this Lease expires or terminates, Tenant shall return possession of surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good their original condition, except for ordinary reasonable wear and tear, damage from casualty or condemnation and except for casualty damage or other conditions any changes resulting from approved Alterations; provided, however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant'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 or, trade fixturesat Landlord's election, equipment, wiring and cabling (unless Landlord directs any work performed on the Premises by Tenant otherwise)without Landlord's consent, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which Upon expiration of this Lease expires or terminatessooner termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return possession of the Premises to Landlord in good order and condition, except for ordinary wear and tear, and except for damage by casualty damage and/or condemnation (other than repairs and restoration required of Tenant as a result of such casualty or other conditions that condemnation under Sections 15 and/or 16 above, if applicable) excepted, and subject to Section 15 above. If Landlord, in accordance with the following terms of this Section 18, requires Tenant is not required to remedy remove any of Tenant's Work made under this Lease. Prior the Workletter or any alterations pursuant to Section 12, then, in each case, such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such Tenant's Work or alterations (as the case may be). If Tenant does not remove such Tenant's Work or alterations upon expiration or termination of this Lease, or within thirty (30) days after sooner termination of the Term or Tenant's right to possession of the Premises, then, without limiting any other rights or remedies available to Landlord, Landlord may remove the same and restore the Premises, and Tenant shall pay the reasonable cost of such removal and restoration to Landlord upon demand (with it being further understood and agreed that any such period following the expiration of this Lease or sooner termination of the Term or Tenant's right to possession of the Premises when such removal and restoration obligations of Tenant are not fully performed shall be deemed a holding over under this Lease, subject to the terms of Section 20 hereof with respect thereto). Notwithstanding the foregoing, as part of Landlord's approval of the plans and specifications for the Tenant's Work or any alterations hereunder, Landlord shall notify Tenant of any such item or items described in this paragraph which Landlord will require Tenant to remove at the end of the Term (or Tenant's right to possession of the Premises) hereunder (which removal requirement shall only be imposed by Landlord if Landlord, in good faith, determines that such item or items (i) would not be customary for office usage at Comparable Buildings in the Submarket or (ii) are of a specialized or extraordinary nature which are excessively costly or hazardous to remove, such as, for example under this subclause (ii), safes, vaults, raised floors, internal stairwells, high-density filing systems, full service kitchens, supplemental fire suppression systems, or supplemental HVAC systems). Notwithstanding the foregoing or anything herein to the contrary, in no event shall Tenant have the right or obligation, at any time, to remove any Landlord Work installed hereunder or any core and shell components at the Premises (all of which shall remain at the Premises and be deemed Landlord's property, both during the Term and as of the expiration or earlier termination of the Term or of Tenant's right to possession hereunder). Without limitation of the foregoing, it is understood and agreed that Tenant shall remove from the Property all its non-affixed furniture, equipment, trade fixtures, equipment, all cabling and wiring and cabling (unless Landlord directs Tenant otherwise)which it installed, and all other items of non affixed personal property installed by 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 prior to the expiration of this Lease or its assignees within thirty (30) days after sooner termination of the Term or subtenants. Tenant's right to possession of the Premises, Tenant shall repair 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 and without limiting any damage resulting from other rights or remedies available to Landlord, such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required items shall be deemed abandoned, in which event Landlord may cause such items to be removed and Landlord, disposed of at Tenant’s 's expense, may remove, store, sell which shall be Landlord's actual cost of removal without obligation to compensate Tenant therefor (with it being further understood and agreed that any such period following the expiration of this Lease or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property the Term or sale proceeds as its property. If Tenant does not return Tenant's right to possession of the Premises to Landlord in the condition required when such removal obligations of Tenant are not fully performed shall be deemed a holding over 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms of this Lease (unless clearly inapplicableSection 20 hereof with respect thereto), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Office Lease (Vivid Seats Inc.)
Surrender. (a) On the date last day of the term hereof, or on which this Lease expires or terminatesany sooner termination, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of as when such improvements to the Premises after the expiration or termination of this Leasewere completed, Tenant’s occupancy of the Premises shall be that of a tenancy at willbroom clean, ordinary wear and tear excepted. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)All alterations, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment improvements, repairs and replacements made by Tenant after during the expiration or termination term of this Lease shall operate be removed by Tenant upon termination of this lease or at Landlord's option, shall remain with the premises when surrendered by Tenant and be deemed a part of Landlord's property, at no cost to extend Landlord. Where removal of any such item is required, Tenant, at Tenant's expense, shall cause same to be removed and the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwisepremises restored to a condition that is reasonably satisfactory to Landlord. Any provision in this Lease Removal and restoration shall be completed prior to the contrary notwithstandingtermination of this lease. In default thereof, Landlord may effect said removal and repairs at Tenant's expense or treat Tenant as a holdover Tenant until such removal and restoration is completed to Landlord's reasonable satisfaction. In addition to the foregoing, any holdover personal property of Tenant remaining at the premises upon termination of this lease (including without limitation Tenant's trade fixtures) shall be deemed abandoned by Tenant shall constitute a default on the Tenant, and Landlord, at its option, may accept same as part of Landlord's property or cause the removal of same at Tenant's expense without being liable to Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant for conversion or any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable claim for all damages, including consequential damages, that Landlord suffers as a result of the holdoverdamages therefor.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including the Tenant shall return possession of the Premises Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty (iii) loss by condemnation. Landlord may, however, elect to remove all or any part of such personal property from the Leased Premises, and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage or other conditions that to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant is not required to remedy under this Leasewithin 5 days after receipt of Landlord's statement. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. To the extent permitted by law, if Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises 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 otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease, . Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s occupancy failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (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 Upon the expiration or sooner termination of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall thereupon surrender the Premises in the same condition as on the Occupancy Date, reasonable wear and tear excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Landlord may, but is not obligated to, at Tenant's expense, remove all furniture, trade fixtures, equipment, wiring of such Tenant's Property not so removed and cabling (unless Landlord directs Tenant otherwise)repair all damage to the Premises resulting from such removal, and all other personal property installed Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by Tenant or its 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 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 propertyotherwise. If Tenant does the Premises is not return possession surrendered at the end of the Premises to Landlord in the condition required under this LeaseTerm, Tenant shall pay indemnify Landlord against all loss or liability resulting damages Landlord may suffer.
(b) If from delay by Tenant remains in possession so surrendering the Premises including, without limitation, any claims made by any succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion 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. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 1 contract
Sources: Office Lease (Mego Financial Corp)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all costs of removal and storage thereof. 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 damages Landlord may suffer.
(b) If from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant remains in possession shall surrender all keys to the Premises or any other part of the Premises after 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6,1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its Trade Fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its Trade Fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section 38. Landlord may, at its election, retain or dispose of in any manner any of Tenant's Trade Fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such Trade Fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Trade Fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's Trade Fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to 150% of the Base Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Leasethe Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall remove be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent in excess of 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part 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. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Surrender. (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 damage, condemnation or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant otherwise), and any and all other personal property installed by Tenant or its Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, 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. If Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly each monthly installment of Minimum Annual Rent shall be double 150% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from any holdover unless such holdover continues for more than thirty (30) days after written notice from Landlord indicating that Landlord is a party to a transaction involving all or a portion of the Premises and that Tenant may be liable for such consequential damages if Tenant fails to vacate the Premises within such thirty (30) day period. For the avoidance of doubt, (i) if Tenant receives such written notice at least thirty (30) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives such written notice fifteen (15) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of the holdover only if it holds over for more than fifteen (15) days after the Expiration Date.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Surrender. (a) On the date on which last day of the Term of this Lease expires Lease, including any extended term, or terminatesupon the sooner termination thereof, Tenant shall return possession 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. All alterations, additions, and improvements (other than Tenant's business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises or in Common Areas shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall remove all business, trade fixtures, equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant 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 of removal thereof, with interest at the rate of ten percent (10%) per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery of the keys to the Leased Premises to Landlord in good condition, except at the place then fixed for ordinary wear the payment of rent shall constitute surrender of the Leased Premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior 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 expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove 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 Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its 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, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 1 contract
Surrender. (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 At the expiration or sooner termination of this Lease, Tenant shall surrender the Leased Premises to Landlord, together with all Tenant Improvements, in broom clean condition and in good order and repair except for ordinary wear and tear and damage by fire or other hazard for which Tenant is obligated to make repairs under this Lease. Tenant shall not be required to restore the Building to its original warehouse design and shall not be liable for any costs that may be incurred by Landlord in doing so. Tenant shall remove from the Property Leased Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 brought onto or into the Leased Premise pursuant to Section 7.2 hereof. Landlord shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of have no claim to such personal property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant 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 this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverexpiration or sooner termination of this Lease except as provided herein. Any such removal as described in the previous sentence shall not damage the Leased Premises, and to the extent it does so damage the Leased Premises, such damage shall be repaired by Tenant in a good and workmanlike manner. Any personal property or equipment not so removed by Tenant shall be deemed abandoned and, if Landlord elects, shall become the sole property of Landlord. If Landlord elects to remove and dispose of the same, Tenant will reimburse Landlord for the cost of such removal and disposal. Landlord may, in its sole discretion, conduct an inspection of the Leased Premises thirty (30) days prior to the Termination Date (the “Initial Walk-Through”) and an inspection on the Termination Date (“the Final Walk-Through”) in order to determine whether the Leased Premises is in the condition required pursuant to the first sentence of this Section 16 and after the Initial Walk-Through and the Final Walk-Through, Landlord shall note and deliver any punch list items (the “Punch List Items”) which Tenant must repair for the Leased Premises to be in the required condition. In the event that the Leased Premises is not in the condition specified in the first sentence of this Section 16 at the time that Landlord conducts the Final Walk-Through, Tenant shall have a seven (7) day period immediately following the date of such Final Walk-Through to repair the Punch List Items and surrender the Leased Premises in the condition required hereunder. If Tenant has not repaired the Punch List Items and surrendered the Leased Premises in the condition required hereunder prior to the expiration of such seven (7) day period, the Landlord shall make such repairs and send Tenant an invoice for the actual cost of the same. Tenant’s only obligation to Landlord during such seven (7) day period shall be to repair the Punch List Items. All other obligations of Tenant shall terminate as of the Termination Date.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesearlier termination of the Lease, Tenant shall return possession will surrender the Premises and the Landlord Personalty to Landlord in the condition which Tenant is required to maintain the Premises and the Landlord Personalty under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and Condemnation). Except as provided below, Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements made by Tenant prior to the expiration or earlier termination of the Lease, and to restore the Premises to their condition as of the Commencement Date, normal wear and tear excepted. Specifically, Tenant will restore or replace any portion of the wall, floor, ceiling, door or wall surfaces and floor coverings within the Premises which have been scratched, gouged, broken, stained, burned, torn, or otherwise marred by Tenant’s operations within the Premises during the Lease Term or as a result of removal of Tenant’s property, and Tenant agrees to reasonably clean such surfaces of dirt, grease, paint, tar marks, or other discoloration prior to surrendering the Premises to Landlord and shall deliver the Premises in good a broom clean condition. With respect to any alterations, except for ordinary wear and tearadditions or improvements which require Landlord’s approval, and except for casualty damage or other conditions that Landlord will specify in writing if Tenant will be required to remove the same at the time of such approval. Any work which Tenant is not required to remedy under this Lease. Prior remove will, at Landlord’s option, become Landlord’s property and will be surrendered to Landlord upon the expiration or earlier termination of this the Lease, except that Tenant shall may remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 machinery or equipment which can be removed without damage to the Premises so long as required Tenant repairs any damage caused by such removal. Landlord shall be deemed abandoned, have the right to remove and Landlorddispose of, at Tenant’s expense, may remove, store, sell or otherwise dispose personal property of such property Tenant remaining in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant 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 upon the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period liability in connection herewith shall otherwise be subject to survive the provisions termination or expiration of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant’s improvements to Landlord broom-clean and in the Required Condition (as above defined); provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in or about the Property by Tenant, shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and trade fixtures and shall remove all of Tenant’s improvements that Landlord has notified Tenant must be removed and repair any damage caused by such removal. If such removal is not removed as required completed before the expiration or termination of the Lease, Landlord shall be deemed abandonedhave the right (but no obligation) to remove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Lease 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 pursuant to this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Property 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Office Lease (Liveworld Inc)
Surrender. (a) Section 21.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and except for casualty shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other conditions that personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not required to remedy a business day, then Tenant's obligations under this Lease. Prior Section 21.01 shall be performed on or prior to the expiration or immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall remove hereby indemnifies Landlord against liability primarily and directly resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or its assignees or subtenants. Tenant shall repair any damage resulting from prospective tenant founded upon 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 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 Tenant 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 sufferdelay.
(b) If Section 21.04 In the event Tenant remains in possession of the Premises after the expiration or termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to two times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant's obligation under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Vringo Inc)
Surrender. (a) On Tenant shall, at the date on which this Lease expires expiration of the Term or terminates, Tenant shall return sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything 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 extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in good condition, except for ordinary wear and tear, and except for casualty damage notifying or other conditions that evicting Tenant is not required to remedy under this Lease. Prior to following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove from the Property all furniture, movable trade fixturesfixtures and equipment (including telephone, equipment, security and communication equipment system wiring and cabling cabling) in a good and workmanlike manner so as not to damage the Premises or Building (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair if any damage resulting from such removal and shall restore is caused to the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedPremises or Building, and LandlordTenant shall, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair such property damage) and in such manner so as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord disturb other tenants in the condition required under this Lease, Tenant shall Building. Tenant’s obligation to pay Landlord Rent and to perform all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of other Lease obligations for the Premises after period up to and including the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to and the provisions of this Lease (unless clearly inapplicable)Section, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or earlier termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Sources: Lease (Marinus Pharmaceuticals Inc)
Surrender. (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 damage, Taking or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise, except as otherwise provided herein), and all other personal property installed by Tenant or its 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 's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s '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. If Tenant 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 this Lease, Tenant’s 's occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s 's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except 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 thereafter, the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (electroCore, Inc.)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the applicable Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, 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. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the applicable 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Inktomi Corp)
Surrender. (a) On Upon expiration of the date on which this Lease expires Term or terminatesearlier termination of Tenant's right of possession, 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 Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 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 Tenant does not return possession of surrender the Premises to Landlord in the same condition required under this Leaseas received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises or the Project by any person other than Landlord, its agents, employees, contractors or invitees and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation 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 damages Landlord may suffer.
(b) If from Landlord's retention and/or disposition of such property. All obligations of Tenant remains in possession hereunder not fully performed as of the termination of the Term, including the 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 for a period of three (3) years after the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverTerm.
Appears in 1 contract
Sources: Lease Agreement (Viacell Inc)
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Landlord Improvements, Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant (which expressly excludes any wiring and cabling servicing the Premises as of the date of this Lease) and, subject to the terms and conditions of Exhibit B, remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (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 Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its 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 and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession 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 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, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract