Common use of Surrender Clause in Contracts

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

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. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 4 contracts

Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)

Surrender. Upon On the expiration last day of the Term, or on the sooner termination of this Leasethereof, Tenant shall will peaceably surrender the Premises in good condition and all repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant Improvements and Alterations will give written notice 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 at least 30 days prior to vacating the expiration 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 of sooner termination of this Lease thereof, Tenant shall may, at its sole cost and expense, remove all telephone of its property and other cabling installed in the Building by Tenant trade fixtures and remove equipment from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any all damage to the Premises caused by such removal. If such removal is All property not completed before the expiration or termination of the Term, removed will be deemed abandoned. Tenant hereby appoints Landlord shall have the right (but no obligation) its agent to remove the same, and all property of Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of not so removed from 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 upon termination of this Lease or 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 loss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant 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 possessiontrade fixtures and equipment, whichever is earliestwhich 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 shall will promptly surrender all keys to for the Premises or any other part of the Building and shall deliver to Landlord all keys at the place then fixed for or make known to the payment of Rent and will inform Landlord the combination of combinations on any vaults, locks and safes left 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.

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. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease, . Tenant shall surrender additionally, as of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionExpiration Date, 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 of Tenant’s Personal Property and other cabling installed in perform all repairs and restoration required by the Building by Tenant and remove from the Premises all removal of any Alterations or Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same’s Personal Property, and Tenant shall pay surrender to Landlord on demand for all costs of removal and storage thereof and for the rental value of keys to the Premises for the period from the end of the Term through the end of the time reasonably required for such removal(including without limitation any keys to any exterior or interior doors). Landlord shall also have the right may elect to retain or dispose of all in any manner any Alterations or any portion of such property if Tenant’s Personal Property that Tenant does not pay all remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such costs and retrieve the property within ten (10) days after Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and Tenant vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, ’s retention or disposition of any such propertyAlterations or Tenant’s Personal Property. Upon expiration Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or termination 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 Lease or of Tenant's possession, whichever is earliestParagraph, Tenant shall surrender indemnify, defend, and hold Landlord harmless from and against all keys to the Premises or liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including without limitation any other part of the Building and shall deliver to Landlord all keys claim 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 Leasedamages made by a succeeding tenant.

Appears in 3 contracts

Sources: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)

Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except 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 reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, howeverremoving 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, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for 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 telephone damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any 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 Leaseby either party.

Appears in 3 contracts

Sources: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)

Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements and Alterations alterations to Landlord broom-broom clean and in their original good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, except 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 reasonable wear and tear, any damage from casualty or condemnation and any changes to Tenant resulting from approved Alterations; providedLandlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, howeverremoving 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, that Tenant shall pay Landlord Rent in an amount equal to twice the Minimum Monthly Rent applicable for 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 telephone damages resulting from Tenant's failure to timely surrender the Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and other cabling installed in (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the Building by Tenant and remove from prospective lease of part or all of the Premises all by reason of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected failure to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removaltimely surrender the Premises. If such removal is not completed before Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord shall have the right (but no obligation) to remove the sameTenant terminating this Lease, and such possession by Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the be deemed to be a tenancy at sufferance terminable at any 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 Leaseby either parry.

Appears in 3 contracts

Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 27 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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)automatically extended for a term of 3 months. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalThereafter, storage, retention, or disposition of any such property. Upon expiration or termination the term of this Lease or will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion 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. TenantLessee's obligations under this Section shall survive the expiration or termination Lease (including payment 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 of the Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to terminate 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. Upon 17.1 Tenant shall, on the expiration last day of the Term, or upon the sooner termination of this Leasethe 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 surrender 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 all Tenant Improvements disposed of, but the cost of any such removal and Alterations to Landlord broom-clean disposition 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair repairing any damage caused by such removalremoval 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 at the expiration or sooner termination of the term of this Lease. 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 pay 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 of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to one hundred-fifty percent (150%) the aggregate of the 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 to retain possession of the Premises after the expiration or sooner termination of the term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value term of the Premises for Lease, such holding over shall not be deemed to extend the period term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon 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 terms 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 conditions of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to at 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 PremisesRent as herein increased. Tenant's obligations under this Section This provision shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Sources: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

Appears in 3 contracts

Sources: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)

Surrender. Upon (a) Except as otherwise provided in Section 2(c) or 14(b), 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord shall have the right (but no obligation) to remove the samePremises, vacant, broom-clean, and Tenant (subject to the provisions of Article 8 hereof) in substantially the same condition and repair as on the Commencement Date, reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value surrender possession of the Premises for Leased Equipment to Landlord in substantially the period from same order and repair as on the end of the Term through the end of the time reasonably required for such removalCommencement Date, reasonable wear and tear excepted. 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 earliestIn addition, Tenant shall surrender remove all keys of its personal property located at or in the Premises or elsewhere in the Building. Any damage caused to the Premises or any other part portions of the Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost 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 Premisesexpense. Tenant's obligations under ’s obligation to observe or perform this Section covenant shall survive the expiration or sooner termination of the Term. (b) Except for any applicable transition periods pursuant to the Transition Rights, which for purposes of this Section 18(b) shall not be considered a hold over by Tenant, if Tenant shall hold over and remain on the Premises or fail to remove any of its personal property beyond the expiration or earlier termination of this Lease, such holding over shall not be deemed to be an extension of this Lease, and, in addition to any rights Landlord may have under the terms of this Lease, or at law or in equity, Landlord shall be entitled to recover any and all damages (including, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not foreseeable) suffered by Landlord as a result of Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord a per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, Tenant shall indemnify and hold Landlord harmless from any liability, loss, costs and expenses, including, but not limited to reasonable attorneys’ fees, arising out of such holding over by Tenant.

Appears in 2 contracts

Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in 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 surrender remove from the 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 Improvements or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and Alterations shall restore the 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 accordance with California law. If ▇▇▇▇▇▇ does not return possession of the Property to Landlord broomin 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, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a month-clean to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable) except that the Monthly Base Rent shall be 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdover and in their original condition, except for reasonable wear and tear, damage from casualty Tenant shall continue to pay Operating Expenses. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 2 contracts

Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Delivery Date, normal wear and tear, fire or other casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that are Landlord's responsibility under this Lease, 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 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 surrender indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable Premises. Normal wear and tear, damage from casualty or condemnation for the purposes of this Lease, shall be construed to mean wear and any changes resulting from approved Alterations; provided, however, that prior tear caused to the expiration Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or termination deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termlease, Landlord shall have the right (but no obligationoption of terminating all existing subleases or accepting any sublease(s) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain as a direct lease 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 Leaseleases.

Appears in 2 contracts

Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Surrender. 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 Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove under the provisions of this Lease (except as expressly provided for otherwise in Section 6.1 - Tenant Improvements & Alterations6.1), and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Sources: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. 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 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 13.1 shall 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 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 conclusively deemed correct for purposes of determining Tenant’s liability for repairs and restoration hereunder.

Appears in 2 contracts

Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-the Leased Premises, broom clean and in their original conditiongood order, except for reasonable 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, damage from casualty tear and acts of Casualty Damage which Landlord is obligated to repair or condemnation and any changes resulting from approved Alterationsreplace excepted; 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 Premises all Tenant's its personal property and any Trade Fixtures and all Alterations that property affixed to the Leased Premises or improvements, additions or alterations to the Leased Premises which Landlord has elected to require directs Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage to the Building caused by such removal. If Tenant shall fail to remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such property or improvements, additions or alteration to be removed at Tenant’s expense. Tenant hereby agrees to pay all costs and expenses of any removal is not completed before and of the repair of any damage to the Leased Premises caused by such removal. On the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or earlier termination of this Lease or of Tenant's possession, whichever is earliestLease, Tenant shall surrender all keys shall, in addition to the Premises or any other part of the Building and shall foregoing, deliver to Landlord all keys for and combinations to locks, safes and vaults. Any and all property remaining on the Leased Premises after the expiration of the Lease Term or make known 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 Landlord the combination of locks on all safes, cabinets and vaults that may be located in the PremisesTenant. Tenant's obligations under this Section ’s obligation to observe and perform these covenants shall survive the expiration of the Lease Term or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)

Surrender. A. Upon the any termination or expiration or termination of this Lease, Tenant shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as existed at the Commencement Date, except for reasonable normal wear and tear, tear and damage from casualty caused by the fire or condemnation and any changes resulting from approved Alterationsother casualty; provided, however, that prior nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other part of this Lease. Tenant shall 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 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 hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. All property of 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 set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the Demised Premises upon termination of this Lease Tenant shall remove and to cause its transportation and storage for Tenant's benefit, all telephone at the sole cost and other cabling installed in the Building by risk of Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsshall not be liable for damage, theft, and repair any damage caused by such removal. If such removal is not completed before the expiration misappropriation or termination of the Term, loss thereof and Landlord shall have the right (but no obligation) to remove the same, and not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord on upon demand for all costs any expenses incurred by Landlord with respect to removal or storage of removal abandoned property and storage thereof with respect to restoring said Demised Premises to good order, condition 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 Leaserepair.

Appears in 2 contracts

Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Surrender. 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 conditiongood 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 Premises all Tenant's ’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 - Article 6 (Tenant Improvements & Alterations), and repair 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, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. 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 written notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building 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 or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)

Surrender. 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 Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term 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 Landlord's Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage derange or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in the 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 surrender 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 the same condition as delivered to Tenant, normal wear and tear 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the monthly installment of Minimum Annual Rent shall be (i) 125% of the monthly installment of Minimum Annual Rent payable for reasonable wear the last full month immediately preceding the holdover 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 tear, damage from casualty (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and 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 the rental value all or part of the Premises for after 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 LeaseTerm.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)

Surrender. Upon Sublessee shall at the expiration or other termination of this LeaseSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall surrender without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and all Tenant Improvements and Alterations otherwise restore the Subleased Premises to Landlord broom-clean and in their original conditionits condition as of the Sublease Commencement Date, except for reasonable or such better condition as the Subleased Premises may have thereafter been placed by Sublessee, 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 from casualty thereto, and at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or condemnation to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed, or to assign such rights to Prime Landlord, and any changes resulting from approved Alterations; provided, however, that prior to apply the net proceeds of such sale to the expiration or termination payment of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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, retentionsum due hereunder, or disposition of any to destroy such property. Upon expiration or termination In the event of this Lease or of Tenant's possessionsuch failure to vacate the Subleased Premises on the date and as provided herein, whichever is earliestthe Sublease Rent shall, Tenant shall surrender all keys immediately and without notice, accrue and be payable at a rate equal to the Premises or any other part two hundred (200%) percent of the Building Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall deliver indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord all keys for or make known to Landlord under the combination Prime Lease by reason of locks on all safes, cabinets and vaults that may be located in the Premisessuch holdover. Tenant's Sublessee’s obligations under this Section shall survive the expiration or earlier termination of this LeaseSublease.

Appears in 2 contracts

Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)

Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and except for reasonable ordinary 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 Premises on or prior to such expiration or termination all Tenant's personal property situated thereon which is not owned by Landlord and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and shall repair any damage caused by such removal. If 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. Landlord shall credit the net proceeds of a disposition 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. In the event that this Lease is not completed before terminated with respect to a particular Project (either as a result of a default, or the expiration hereof, or termination otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the Termforegoing, Landlord shall have be allowed (and Tenant hereby grants to Landlord the right (but no obligationoption) to remove purchase such Tenant's Personal Property from Tenant for an amount equal to the samefair 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, and Tenant it shall pay become the property of Landlord on demand for all costs of removal and storage thereof and for the rental as outlined above. The fair market 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 LandlordTenant's notice Personal Property shall be transferred to determined by the mutual agreement of Landlord and vest in Landlord)Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition The provisions 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 termination or expiration or termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)

Surrender. 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 Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. L▇▇▇▇▇▇▇’s initials Tenant’s initials

Appears in 2 contracts

Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)

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 (subject to the provisions of Article 7) 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 of termination. Section 16.3. Tenant acknowledges that possession of the Property must be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease. 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 surrender pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in 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 Property after the expiration or sooner termination of the Term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, one hundred fifty percent (150%) of the Fixed Rent and Additional Rent which was payable under this Lease Tenant with respect to the last month of the Term hereof. Nothing herein contained shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected be deemed to require permit Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalretain possession of the Property after the expiration or sooner termination of the Term of this Lease. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value Term of the Premises for the period from the end of Lease, such holding over shall not be deemed to extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon 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 terms 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 conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises statute 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 equitable right in effect in the Premises. Tenant's obligations under state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)

Surrender. Upon On the expiration last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this 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 at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for a lien upon all costs of removal and storage thereof and for the rental value of the property of Tenant then located in or upon the Leased Premises for to secure 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 payment of any such property. Upon expiration or termination amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to 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 apply in a reasonable manner determined by Landlord the combination proceeds of locks on all safes, cabinets and vaults that may be located in sale to reduce the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseamounts then owed from Tenant to Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)

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 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 of termination. Section 16.3. Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability excluding consequential damages) resulting from the failure or delay by Tenant shall in so surrendering the Premises, 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 Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and all will be impossible to accurately measure. Tenant Improvements and Alterations therefore agrees that if possession of the Premises is not surrendered 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 upon the expiration or sooner termination of the Term, then Tenant shall pay 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 material factors reasonably relevant to such determination, or one and one-half (1 1/2) 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 shall remove all telephone and other cabling installed in the Building by Tenant and remove from to retain possession of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalafter the expiration or sooner termination of the Term. If such removal is not completed before Tenant holds over in possession after the expiration or termination of the Term, Landlord such holding over shall have the right (but no obligation) not be deemed to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through or renew this Lease, but the end of tenancy thereafter shall continue as a tenancy from month to month upon 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 terms 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 conditions of this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to statute in effect in the state where the Premises is located which would contravene or any other part of limit 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 provisions set forth in the Premises. Tenant's obligations under this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)

Surrender. 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 Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

Appears in 2 contracts

Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, 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 surrender 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 2 contracts

Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)

Surrender. 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 Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, ,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 cabinets, and vaults that may be located in the Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.. Landlord’s initials Tenant’s initials

Appears in 2 contracts

Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a b▇▇▇ of sale. 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 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall 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, 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 conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.

Appears in 2 contracts

Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)

Surrender. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations Property to Landlord broom-clean and in their original conditionthe 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 reasonable ordinary 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 Premises Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsexpense, and shall at such times of removal, repair any damage caused by such removal. If 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 is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 borne by Tenant. Notwithstanding anything to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalthe contrary contained herein, storage, retention, or disposition of any such property. Upon expiration or 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 become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of Tenantthe 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 possessionconsent shall entitle Landlord, whichever is earliestin 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, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender all keys to the Premises or and any other part of the Building and shall deliver lost profits 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 Leaseresulting therefrom.

Appears in 2 contracts

Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)

Surrender. 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 data communications wiring installed in the Building by Tenant in excess of a total of three (3) such connections (in combination but not in the aggregate) for each work station, and remove from the Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof (which storage may occur in the Premises or in some other portion of the Building or Project) 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 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). Landlord shall submit a final ▇▇▇▇ to Tenant for any rental value of the Premises or other costs of transport, storage and disposal of Tenant's Personal property, Trade Fixtures and Alterations which Tenant has failed to remove from the Premises as and when required hereunder within thirty (30) days of Landlord's final disposition of all items thereof, whether by sale or other disposal by Landlord or by Tenant's retrieval. 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 and access cards 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 LeaseLease except with respect to the rights and obligations of Tenant under this Section to remove items from the Premises and the obligations of Tenant to repair and restore any damage to the Premises caused by such removal and surrender of the Premises, in which case any claim by Landlord for costs incurred in removing such personal property and/or repairing such damages to the Premises shall survive the expiration of the Term only to the extent written notice of Landlord's claim for a specific item is delivered to Tenant prior to sixty (60) days after Tenant delivers written notice to Landlord that Tenant has fully and completely vacated and surrendered the Premises.

Appears in 1 contract

Sources: Lease Agreement (Riddell Sports Inc)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good broom-clean condition, except for ordinary wear and tear, Landlord’s repair, maintenance and replacement obligations and casualty damage that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property 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 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 150% of the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full calendar month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Lease Agreement (Nortech Systems Inc)

Surrender. 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 Building any mechanical or electrical systems, 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 or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and all Tenant Improvements and Alterations security codes, to Landlord broom-clean broom clean, in as good a condition as when received, and in their original conditionthe condition described on Exhibit H attached hereto, except for 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 of Tenant’s Property, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to restore the Premises 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsrequired condition, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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) 2 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 Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall 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, preservation or safekeeping of Tenant's possession, whichever is earliest, ’s Property. Tenant shall surrender all keys pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any other part of the Building and Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall deliver to vest in Landlord all keys for or make known to Landlord the combination may dispose of locks on all safes, cabinets and vaults that may be located Tenant’s Property in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseany manner Landlord deems appropriate.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Surrender. Upon (A) On the expiration date or upon the sooner termination of this Lease or upon any re-entry by Lessor upon the Premises, Lessee shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Lessor "broom clean" and in good order, condition and repair except for the ordinary wear, tear and damage by fire or other insured casualty, together with all improvements and fixtures installed by Lessor. Prior to the termination of this Lease, Tenant Lessee shall surrender remove from the Building all of Lessee's property and all other personal property and personal effects of all persons claiming through or under Lessee, and shall pay the cost of repairing all damage to the Premises and all Tenant Improvements the Building and Alterations land occasioned by such removal. Any expense incurred by Lessor in removing or disposing of such Lessee's property or other personal property shall be reimbursed to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty Lessor by Lessee as Additional Rent on demand. (B) If the end of the Lease Term or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or date of sooner termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal fall on a day which is not completed before a business day, then Lessee's obligations under Paragraph (A) shall be performed on or prior to the expiration or immediately preceding business day. (C) If the premises are not surrendered upon the termination of this Lease, Lessee hereby indemnifies and agrees to hold Lessor harmless against liability, damages, claims, demands, expenses, including the Termdefense thereof, Landlord shall have including attorneys fees and court costs at all levels, resulting from delay by Lessee in so surrendering the right Premises, including any claims made by any succeeding lessee or prospective lessee founded upon such delay. (but no obligationD) to remove In the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value event Lessee remains in possession of the Premises for after 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 without the execution of a new lease or exercise of Tenant's possessionits renewal rights, whichever is earliestif any, Tenant herein, Lessee, at the option of the Lessor, shall surrender all keys be deemed to be occupying the Premises or any other part as a lessee from month to month, at a rental equal to one and one half (1.5) times the last monthly Basic Rent per month and such additional rental as provided for herein, subject to all of the Building and shall deliver other terms of this Lease insofar as the same are applicable 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. Tenanta month-to-month tenancy. (E) Lessee's obligations under this Section Article shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Internet Commerce Corp)

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Leaselease, Tenant Lessee, at its expense, shall surrender return all, but not less than all, of the Premises and all Tenant Improvements and Alterations Equipment by delivering it to Landlord broom-clean and such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in their original conditionthe same condition as when delivered to Lessee, except for reasonable wear and teartear excepted, damage and 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 Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from casualty 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 condemnation leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and any changes resulting from approved Alterations; provided, however, that 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 or termination of the Initial Term, the term of this Lease Tenant lease shall remove all telephone and other cabling installed in be automatically extended for a term of 3 months. Thereafter, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord term of this lease will be extended 4 for subsequent full month periods, on a month to month basis, until Lessee has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalgiven at least 90 days written notice terminating this lease. If such removal is not completed before the expiration or Such termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose will take effect upon completion 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. TenantLessee's obligations under this Section shall survive lease (including payment 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 the Initial Term, if this Leaselease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by 30 days written notice to Lessee.

Appears in 1 contract

Sources: Master Lease Agreement (Microdyne Corp)

Surrender. Upon the termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Building and the Premises, together with all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and personal property of Tenant, both inside the Building and on the grounds comprising the Premises. Any damage caused by the removal of Tenant from the Premises, including any damages caused by removal of Tenant's equipment, shall be repaired and paid for by Tenant prior to the expiration of the Term of this Lease. In the event any improvements, fixtures, or termination equipment which Tenant is required to remove hereunder are not removed by Tenant at the time of the expiration of the Term of this Lease, Tenant shall surrender pay an allocated rent which is based on the area of the Premise which is unavailable to Landlord as a result of such improvements, fixtures, and equipment until such improvements, fixtures or equipment are removed. Any holding over by Tenant of the Premises after the expiration of the Term of this Lease shall operate and be construed to be a tenancy from month-to-month only, at double the monthly rate of rent and other charges payable hereunder for the Lease Term. Nothing contained in this Paragraph 23 shall be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises as well as any damages incurred by Landlord due to Tenant's failure to vacate the Premises and all Tenant Improvements and Alterations deliver possession to Landlord broom-clean and as herein provided. In the event Landlord consents to Tenant's holdover 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 writing prior to the expiration or termination commencement of such holdover, Tenant shall be considered to be a month-to-month Tenant and all of the terms, covenants, and conditions of this Lease including the rent to be paid by Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required remain unchanged 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 Leasetenancy.

Appears in 1 contract

Sources: Building Lease (Sonic Foundry Inc)

Surrender. 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 Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such Such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time tune 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Bank Holdings)

Surrender. Upon No later than the expiration Expiration Date or earlier termination of Tenant’s right to possession of the Premises (“Surrender Date”), Tenant must vacate and surrender the Premises to Landlord in good order and condition, vacant, broom clean, and in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant’s occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of monthly Rent owed by Tenant to Landlord shall be for an 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 the Lease for the first five (5) months of such period and upon the sixth month of occupancy beyond the Surrender Date at two hundred percent (200%) of the sum of Rent as those sums are at that time calculated under the provision of the Lease, without prorating for any partial month of holdover. The provisions of this Section will not constitute a waiver by Landlord of any right of reentry as set forth in this Lease, 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 as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, except for reasonable wear and tearlosses, damage from casualty expenses, or condemnation and any changes resulting from approved Alterations; provided, however, that prior liabilities incurred as a result of such failure. Prior to the expiration Expiration Date or sooner termination of this Lease Tenant’s right to possession of the Premises, at Tenant’s expense Tenant shall remove all telephone and other cabling installed in the Building by Tenant and must remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations ’s Property (it being understood that Landlord has elected to require Tenant shall not be required to remove as provided any wiring or cabling installed by Tenant, to the extent the same is in Section 6.1 - Tenant Improvements & Alterationsgood working order), and repair restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal. If such removal is not completed before or replace the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value 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 from the end of the Term through the end of Surrender Date and 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 terms 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 LeaseExpiration Date.

Appears in 1 contract

Sources: Lease (Adaptimmune Therapeutics PLC)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 equal to 125% of the Monthly Rent payable for reasonable wear and tearthe last full month immediately preceding the holdover for the first two months, damage from casualty then 150% thereafter. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Lease Agreement (Jagged Peak, Inc.)

Surrender. Upon the expiration of this Sublease, or upon the termination of this Leasethe Sublease or of the Subtenant’s right to possession of the Sublease Premises, Tenant shall Subtenant will at once surrender and deliver up the Premises Sublease Premises, together with all Alterations, subject to the provisions of Section 16, and all Tenant Improvements and Alterations other improvements thereon, to Landlord broom-Sublandlord broom clean and otherwise in their original conditiongood condition and repair, except for (x) reasonable wear and tear, (y) damage or loss from casualty or condemnation and any changes resulting from approved Alterations; providedor, however, that prior to the expiration extent not the fault of Subtenant or termination any of its agents, employees, invitees and/or contractors, fire or other casualty, and (z) damage or loss caused by Sublandlord or its agents, employees, invitees and/or contractors. For the avoidance of doubt, conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease Tenant Sublease shall remove not be deemed “reasonable wear and tear”. Such improvements shall include all telephone plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other cabling installed articles of personal property used in the Building operation of the Sublease Premises (as distinguished from operations incident to the business of Subtenant). Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. All Alterations in or upon the Sublease Premises made by Tenant or on behalf of Subtenant shall become a part of and remove from shall remain upon the Sublease Premises all Tenant's personal property and any Trade Fixtures and all upon such termination without compensation, allowance or credit to Subtenant unless such Alterations that Landlord has elected are to require Tenant be removed by Subtenant as provided in Section 16. With respect to the Alterations which Subtenant is to remove as provided in Section 6.1 - Tenant Improvements & Alterations16, Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of such Alteration and Subtenant does not make such removal in accordance with this Section 17, Sublandlord may remove the same (and repair any damage caused by occasioned thereby), and dispose thereof, or at its election, deliver same to any other place of business of Subtenant, or warehouse same. Subtenant shall pay the actual costs of such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samerepair, delivery and Tenant shall pay Landlord warehousing on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this 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 Leasedemand.

Appears in 1 contract

Sources: Sublease (Integral Systems Inc /Md/)

Surrender. Upon Section 21.01 On the expiration Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage 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 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 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 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 surrender hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Section 21.04 In the event Tenant remains in possession of 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 after the expiration or termination of this Lease Tenant without the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before Additional Rent payable during the expiration or termination last month of the Term, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination other terms of this Lease or of insofar as the same are applicable to a month-to-month tenancy. Section 21.05 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 ’s obligation under this Section Article shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Paulson Capital Corp)

Surrender. 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 Premises all Tenant's ’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 6,1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Fox Hollow Technologies Inc)

Surrender. Upon the On expiration or ten (10) days after termination of this Leasethe Term, Tenant shall surrender the Premises and all Tenant Improvements Tenant's improvements and Alterations alterations to Landlord broom-broom clean and in their original good 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 of its Trade Fixtures and other personal property, which personal property specifically includes all cabling installed in the Building Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remove from remain in the Premises Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsrestoration 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 removalTrade 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 such removal is not completed before 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 an amount equal to 150% of the Base Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, Landlord shall have or the right (but no obligation) to remove amount provided by law, whichever is greater, for the same, entire time Tenant thus remains in possession and Tenant shall pay be liable for, shall indemnify Landlord on demand for against and shall hold Landlord harmless from all costs damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent in excess of removal 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and storage thereof and for (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the rental value prospective lease of part or all of the Premises for by reason of Tenant's failure to timely surrender the period from the end Premises. If Tenant, without Landlord's prior consent, remains in possession 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 Premises 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 the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease or of Tenant's possessionLease, whichever is earliest, such possession by Tenant shall surrender all keys be deemed to the Premises or be a tenancy at sufferance terminable at 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 Leasetime by either party.

Appears in 1 contract

Sources: Lease Agreement (Lmi Aerospace Inc)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, 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 surrender remove from the Property all furniture, trade fixtures, equipment, 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, including matching finishes to the surrounding areas, at Tenant’s sole cost and expense. 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 ▇▇▇▇▇▇ does not return possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean 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 the cost thereof on demand. (b) If Tenant remains in their original conditionpossession of the Premises after the expiration or termination of this Lease, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will 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 reasonable wear each month or partial month Tenant thus remains in possession, (i) for the 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 tear(ii) for the fourth month or partial month of such holdover, damage from casualty and each subsequent month or condemnation and any changes resulting from approved Alterations; providedpartial month of such holdover, however, that prior a monthly sum equal to two hundred percent (200%) of the highest 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages that Landlord suffers as a result of removal the holdover and storage thereof (ii) Tenant shall indemnify, defend and for the rental value 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 for the period from the end of the Term through the end of the time reasonably required for to 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 Leasesucceeding tenant.

Appears in 1 contract

Sources: Lease Agreement (Madrigal Pharmaceuticals, Inc.)

Surrender. Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations (including the Affixed Equipment) to Landlord broom-clean and the District in their original conditionthe condition that existed on the Commencement Date, except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterationstear excepted; provided, however, that prior Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from such removal. Upon surrender of possession of the Premises and use of the Property, at the request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and restore the Premises to the condition existing upon the Commencement Date. If Tenant fails to surrender the Premises or fails to restore the Premises upon expiration or termination of this Lease Lease, Tenant shall remove all telephone and other cabling installed be in breach of this Lease. Notwithstanding anything to the Building by contrary contained in this Lease, if Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided continues in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value possession of the Premises for following 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) date that is 15 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 following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and without notice, to an amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, defend, protect and hold harmless all District Indemnified Parties from and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s continued possession of the Premises. Notwithstanding anything in this Lease to the contrary, the foregoing increased rent shall be the District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of the Term; provided, however, that the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the Premises at the end of the Term or upon earlier termination of this Lease by any legal means including, without limitation, by bringing an action for unlawful detainer.

Appears in 1 contract

Sources: Lease Agreement

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises 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 advises Tenant otherwise), and all other personal property installed by Tenant Improvements or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and Alterations shall restore the Property to Landlord broom-clean good order and in their original condition, except for reasonable excepting only ordinary wear and tear, casualty damage from casualty or condemnation other conditions that Tenant is not required to remedy under this Lease. 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 changes resulting from approved Alterations; providedholdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), however, 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 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Lease Agreement (Tasty Baking Co)

Surrender. Upon the expiration Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant shall surrender including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, alterations (except for any Alterations or improvements installed at the Subleased Premises prior to the Commencement Date), additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture, reasonable wear and tear, damage caused by casualty, repairs required as a result of condemnation, and repairs that are the responsibility of Prime Landlord or Sublandlord excepted; for clarity, Subtenant’s surrender obligations shall not include any obligation to remove or restore any Alteration or improvement which existed as of the Effective Date. Without limiting the foregoing, Subtenant shall remove from casualty or condemnation the Subleased Premises all of its personal property, furniture, furnishings, and any changes equipment, and shall repair all damage resulting from approved Alterations; provided, however, that such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone Sublease, then Sublandlord, at Subtenant’s sole cost and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove costs and expenses incurred by Sublandlord (whether directly or as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligationa pass-through) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of cause such property if Tenant does not pay to be removed and repairs and restorations made, together with any and all such costs damages which Sublandlord actually suffers and retrieve the property within ten (10) days after notice from Landlord (sustains by reason of Subtenant’s failure to perform its obligations set forth in which event title this Section, plus [***] administration fee. Subtenant’s obligations to all such property described in Landlord's notice shall be transferred to perform 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 observe 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 covenant shall survive the expiration or earlier termination of this LeaseSublease.

Appears in 1 contract

Sources: Sublease Agreement (Senti Biosciences, Inc.)

Surrender. 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as on the Commencement Date, except for reasonable wear and teartear excepted. If Tenant has not fully and faithfully performed all of the terms, damage from casualty or condemnation conditions and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination covenants of this Lease to be performed by Tenant, Tenant shall never-theless remove all telephone and other cabling installed in the Building by Tenant and remove Tenant's Property from the Premises all 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 personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove Property as provided in Section 6.1 - Tenant Improvements & Alterationsherein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and repair Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removalremoval or otherwise. If such removal the Premises is not completed before surrendered at the expiration or termination end of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay indemnify Landlord on demand for against all costs of removal and storage thereof and for the rental value of loss or liability resulting from delay by Tenant in so surrendering the Premises for the period from the end of the Term through the end of the time reasonably required for including, without limitation, any claims made by any succeeding tenant due to such removaldelay. Landlord shall also have the right Tenant agrees not to retain commit or dispose of all or allow waste to be committed on 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.

Appears in 1 contract

Sources: Office Triple Net Lease (Mego Financial Corp)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all reasonable 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 thirty (1030) 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.

Appears in 1 contract

Sources: Lease Agreement (Mediaplex Inc)

Surrender. Upon On the expiration Expiration Date or termination of this Lease, Tenant shall surrender upon 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other insured casualty excepted, together with all Existing Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Building (a) all of Tenant's possessionProperty, whichever is earliest(b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (c) any personal property of Tenant or persons claiming through or under Tenant, and shall surrender repair or pay the cost of repairing all keys damage to the Premises and the Building occasioned by such removal. Any Tenant's Property or any other part personal property which shall remain in the Premises after the Expiration Date or 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 expeises of the Building sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall deliver be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord all keys for or make known to Landlord the combination by Tenant as Additional Rent on demand. The obligations of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations Tenant under this Section SECTION 21.01 shall survive the expiration or sooner termination of this the Lease.

Appears in 1 contract

Sources: Lease Agreement (Magnetek Inc)

Surrender. Upon the expiration or ­‐ Tenant will, upon termination of this Lease, Tenant shall surrender the Premises premises and all Tenant Improvements fixtures and Alterations to equipment of the Landlord broom-clean therein in good, clean, and in their original operating condition, except for reasonable ordinary wear and teartear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Tenant. Tenant shall, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to at time of vacating the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant premises: a. Clean said premises and remove trash from the Premises all premises. b. If the premises is rented with wall-­‐to-­‐wall carpet or rugs, then Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before at the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this 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, will shampoo and clean said rug or carpet prior to vacating the premises. c. Upon vacating the premises, Tenant shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-­‐four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks. d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Tenant agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains. e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy. f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and shall, at Landlord's option, become Landlord's property and Landlord may dispose of it without liability. Any of the above items not completed by Tenant will be completed by Landlord, and Tenant will be charged accordingly.

Appears in 1 contract

Sources: Lease Agreement

Surrender. Upon 24.01 On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty; Tenant shall remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender the Premises to Landlord all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees. 24.02 In the event Tenant Improvements and Alterations to Landlord broom-clean and remains 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 possession of the expiration or Demised Premises after the termination of this Lease without the execution by Landlord and Tenant shall remove all telephone of a new lease, Tenant shall, at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to one and other cabling installed in one-half (1.5) times the Building by Tenant fixed rent and remove from additional rent payable during the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination last month of the Termterm, Landlord shall have the right (but no obligation) subject to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for other terms of this Lease insofar as the period from same are applicable to a month to month tenancy. 24.03 In the end event Tenant remains in possession of the Term through Demised Premises following 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 and Landlord does not elect to treat Tenant as a month-to-month tenant as provided in the Section 24.02 above, Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, cost, liability, claim, damage, fine, penalty, and expense, including attorneys' fees and disbursements, resulting from such delay by Tenant in surrendering the Demised Premises upon the termination of this Lease as provided in this Article 24, including without limitation, any claims made by any succeeding tenant or prospective tenant based upon such delay. In the event Tenant remains in possession of Tenant's possession, whichever is earliestthe Demised Premises for any period of time following the Expiration Date, Tenant shall surrender all keys be in default, and in addition to the Premises or any other part rent provided in Section 24.02 hereof, Landlord shall be entitled to all of the Building its rights 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 remedies provided in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease (Clarus Corp)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements TENANT IMPROVEMENTS & AlterationsALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

Appears in 1 contract

Sources: Lease Agreement (Talk City Inc)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 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 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.

Appears in 1 contract

Sources: Lease Agreement (Americom Usa Inc)

Surrender. 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 Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Hemacare Corp /Ca/)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, 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 surrender remove from the Premises all wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant Improvements otherwise), and Alterations any and all other personal property installed by Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the 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 broom-clean and in their original conditionthe 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 sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that each monthly installment of Minimum Annual Rent shall be 150% of the monthly installment of Minimum Annual Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs damages, including consequential damages, that Landlord suffers as a result of removal and storage thereof and the holdover. Notwithstanding the foregoing, Tenant shall not be liable for the rental value 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 period from Premises within such thirty (30) day period. For the end 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 Term through the end of the time reasonably required holdover only if it holds over 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 more than fifteen (1015) 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 LeaseExpiration Date.

Appears in 1 contract

Sources: Lease Agreement (QuantumScape Corp)

Surrender. Upon At the expiration or sooner termination of this Lease, Tenant shall surrender the Leased Premises and to Landlord, together with all Tenant Improvements and Alterations to Landlord broom-Improvements, in broom clean condition and in their original condition, good order and repair except for reasonable ordinary wear and teartear 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 Leased Premises all of Tenant’s personal property brought onto or into the Leased Premise pursuant to Section 7.2 hereof. Landlord shall have no claim to such personal property as a result of the expiration 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 from casualty the Leased Premises, such damage shall be repaired by Tenant in a good and workmanlike manner. Any personal property or condemnation 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 changes resulting from approved Alterations; providedpunch 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, however, that 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 or termination of this Lease 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 remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove terminate as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 LeaseTermination Date.

Appears in 1 contract

Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)

Surrender. 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 (a) if Landlord removes the telephone and other cabling installed in the Premises by the prior tenant, Tenant shall remove all telephone and other cabling installed in the Building by Tenant, (b) Tenant and shall remove from the Premises all of Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and (c) Tenant shall repair any damage caused by such removalremoval of the items in clauses (a) and (b). If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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.

Appears in 1 contract

Sources: Lease Agreement (C Bridge Internet Solutions Inc)

Surrender. Upon 12.1 On the expiration Expiration Date, or upon the earlier termination of this LeaseSublease or of Subtenant’s right to possession of the Sublease Premises, Tenant shall Subtenant will at once surrender and deliver up the Premises Sublease Premises, together with all improvements thereon, to Sublandlord in as good condition and all Tenant Improvements and Alterations repair as when delivered to Landlord broom-clean and in their original conditionSubtenant, except for reasonable wear and tear, Master Landlord’s repair obligations and casualty excepted. Conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. If Subtenant exercises its Renewal Option, as defined below, then at the expiration or earlier termination of the Renewal Term and upon request of Sublandlord, Subtenant shall remove the cabling installed by Sublandlord for Subtenant under this Sublease and shall repair any injury or damage to the Sublease Premises which may result from casualty or condemnation such removal, and any changes resulting from approved Alterations; provided, however, that restore the Sublease Premises to the same condition as prior to the expiration installation thereof. 12.2 All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. At Sublandlord’s written request Subtenant shall restore the Sublease Premises to their condition prior to the making of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all such Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused occasioned by such removalremoval or restoration. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within Within ten (10) days after notice from Landlord receipt of Subtenant’s request, Sublandlord shall advise Subtenant in writing as to which portions of the Alteration are required to be removed hereunder. If Sublandlord advises Subtenant in writing that Subtenant is not required to remove a particular Alteration, Subtenant shall have no obligation to remove such Alteration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and Subtenant does not complete such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand, plus an administrative fee equal to five percent (5%) of such costs, on demand. 12.3 Except as otherwise provided for in which event title Section 12.1, as between Sublandlord and Subtenant, Subtenant shall not be required to all remove any Alterations performed by Sublandlord prior to the Commencement Date (“Sublandlord Alterations”) or to restore the Sublease Premises to their condition prior to the making of such property described in Landlord's notice Sublandlord Alterations. If Sublandlord is required under the Master Lease to remove any Sublandlord Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of time prior to the expiration date of the Master Lease for the purpose of removing Sublandlord Alterations and restoring the Sublease Premises as required by the Master Lease; provided that any such entry shall be transferred subject to Section 2.3. 12.4 On or before the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant shall remove Subtenant’s articles of personal property incident to Subtenant’s business which are not affixed to the Sublease Premises (“Trade Fixtures”); provided, however that Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and vest in Landlord)shall restore the Sublease Premises to the same condition as prior to the installation thereof. Tenant waives all Claims against Landlord for If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the Expiration Date or the earlier termination of Subtenant’s right to possession, Sublandlord may, at its option, remove the same (and repair any damage occasioned thereby and restore the Sublease Premises as aforesaid) and dispose thereof or loss to Tenant resulting from Landlord's warehouse the same, and Subtenant shall pay the cost of such removal, storagerepair, retentionrestoration or warehousing, plus an administrative fee equal to five percent (5%) of such costs, to Sublandlord on demand, or disposition Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this Sublease acting as a B▇▇▇ of any such property. Upon expiration Sale therefor, without further payment or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys credit by Sublandlord 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 LeaseSubtenant.

Appears in 1 contract

Sources: Sublease (Onyx Pharmaceuticals Inc)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took posses­sion, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restora­tion, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by con­dem­nation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dis­possessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. 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 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall 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, 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 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 conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.

Appears in 1 contract

Sources: Office Lease (Fresh Medical Laboratories, Inc.)

Surrender. 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 Lease, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’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 ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (San Holdings Inc)

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and all tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. All Tenant-Made Alterations, including the initial 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 Premises, shall, at Landlord’s option, remain upon the Premises all and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant's personal property and any Trade Fixtures and all -Made Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the be removed upon expiration or termination of the TermLease, 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 disposed of by Landlord shall have the right (but no obligation) to remove the sameat Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or All obligations of Tenant hereunder not fully performed as of the termination of this the 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 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 the Tenant-Made Alterations, for which consent is being sought, at or prior to the end of the Lease Term. If Tenant shall fail to request such information in its request to make any Tenant-Made Alterations, then all such Tenant-Made Alterations shall 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 and Landlord consents to the Tenant-Made Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Tenant-Made Alterations in question at or prior to the end of the Lease Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the Tenant-Made Alterations which were the subject of Tenant's request.

Appears in 1 contract

Sources: Lease Agreement (Systemax Inc)

Surrender. Upon Section 21.01 On the expiration Termination Date or upon the sooner termination of this Lease or upon any reentry by Landlord pursuant to Article 18 upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty, together with all Tenant Improvements which are not required to 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). 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 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 surrender hereby indemnifies Landlord against actual, direct liability to the Premises and all extent resulting from delay by Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionso surrendering the Premises, except for reasonable wear and tear, damage from casualty including any claims made by any succeeding tenant or condemnation prospective tenant founded upon such delay and any changes other loss, cost or damage (consequential or otherwise) resulting from approved Alterations; providedtherefrom, subject, however, that prior to the expiration or provisions of Section 18.07. Section 21.04 In the event Tenant remains in possession of the Premises after the termination of this Lease Tenant without Landlord’s consent or the execution of a new lease, Tenant, at the option of the Landlord, shall remove all telephone and other cabling installed in the Building by Tenant and remove from be deemed to be occupying the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected as a tenant at sufferance, at a per diem rental equal to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination two hundred (200%) percent of the Term, Landlord shall have the right (but no obligation) to remove the same, Annual Base Rent on a per diem basis; and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord responsible 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 and all direct damages Landlord actually incurs as a result thereof. Section 21.05 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 ’s obligation under this Section Article shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Carbonite Inc)

Surrender. Upon At the expiration or termination of this Lease, Tenant shall surrender immediate possession of the Leased Premises in good condition and all Tenant Improvements and Alterations repair subject to Landlord broom-clean and in their original condition, except for 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 casualty Tenant’s insurance required by this Lease have been paid to Landlord or condemnation Landlord’s lender as loss payee, if and to the extent necessary, in accordance with this Lease), and other repairs which are ▇▇▇▇▇▇▇▇’s obligation. Any holding over by Tenant shall not operate, except by written agreement, to extend or renew this Lease or to imply or create a new lease, but in case of any changes resulting such holdover, Tenant shall be deemed to occupy the Premises as a tenant from approved Alterations; providedmonth to month, howeversubject to all conditions, provisions and obligations set forth in this Lease insofar as the same are applicable to a month-to-month tenancy, except that Tenant shall pay to Landlord on a month-to-month basis, an amount of Fixed Rent that equals one hundred twenty-five percent (125%) of the Fixed Rent payable immediately prior to such holdover, for each month of holdover, together with all Additional Rent that would otherwise be 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 expiration Leased Premises upon the vacation or abandonment thereof or upon the termination of this Lease Tenant for any cause whatsoever shall remove all telephone conclusively be deemed to have been abandoned and other cabling installed in the Building may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected without obligation to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the sameaccount therefor, and Tenant shall pay reimburse Landlord on demand for all costs of removal and storage thereof and for reasonable expenses incurred in connection with 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 disposition 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.

Appears in 1 contract

Sources: Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned and repaired, any carpets cleaned, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean waxed, and (b) otherwise in their original condition, except for reasonable accordance with Paragraph 32(e). Normal wear and tear, tear shall not include any damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, deterioration that prior to would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease Lease, (i) Tenant shall remove all telephone of Tenant's Property (as hereinafter defined) and other cabling installed in Tenant's signage from the Premises, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, Project and repair any damage caused by such removal. If such removal is , and (ii) Landlord may, by notice to Tenant given not completed before later than ninety (90) days prior to the expiration or Expiration Date (except in the event of a termination of this Lease prior to the Termscheduled Expiration Date, Landlord in which event no advance notice shall have the right (but no obligation) be required), require Tenant at Tenant's expense to remove the sameany or all Alterations in accordance with Paragraph 12 of this Lease and to repair any damage caused by such removal. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or termination ; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of this Lease or such abandoned property of Tenant's possession, whichever is earliest. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. Notwithstanding anything to the contrary contained in this Lease, Tenant shall surrender all keys only be required to remove Alterations which Landlord identifies in writing as requiring removal at the Premises time Tenant requests Landlord's consent to such Alterations (or at the time Tenant notifies Landlord of any other part of the Building and shall deliver Minor Modifications pursuant 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 LeaseParagraph 12).

Appears in 1 contract

Sources: Office Lease Agreement (Performance Capital Management LLC)

Surrender. Upon No later than upon the expiration or earlier termination of the Term or Tenant's right to possession of the Premises, Tenant shall vacate and surrender the Premises to Landlord in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and 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 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 would otherwise be due under this Lease, without prorating for any partial month of holdover. 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 surrender and 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 provisions of this Article 19. sha11survive 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 earlier termination of this Lease.

Appears in 1 contract

Sources: Deed of Lease (Diffusion Pharmaceuticals Inc.)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 150% the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Lease Agreement (Novavax Inc)

Surrender. Upon (A) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Property all furniture, trade fixtures, equipment and all other personal property installed by Tenant or its assignees or subtenants, and unless Landlord directs otherwise, all wiring and cabling installed in the Premises by Tenant. Tenant shall repair any damage resulting from such removal and all 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, but such proceeds shall offset the costs in removing and selling such property. If Tenant Improvements and Alterations does not return possession of the Premises to Landlord broom-clean and in their original conditionthe condition required under this Lease, Tenant shall pay Landlord the costs incurred by Landlord to restore the condition of the Premises. (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 150% of the Monthly Rent payable for reasonable wear and tear, damage from casualty the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 except as otherwise agreed by the parties in writing. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant except as otherwise agreed by Landlord and Tenant in writing shall remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for the rental value damages, including consequential damages, that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Lease Agreement (Neoware Systems Inc)

Surrender. Upon the expiration of this Sublease, or upon the termination of this Leasethe Sublease or of the Tenant’s right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises and Premises, together with all Tenant Improvements and Alterations improvements thereon (except as provided below), to Landlord broom-clean in good condition and in their original conditionrepair, except for reasonable wear and tear and casualty excepted. Conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed “reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior .” Tenant shall surrender to Landlord all keys to the expiration Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or termination of this Lease upon the Premises made by Tenant shall remove all telephone become a part of and other cabling installed shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant, except as otherwise provided in the Building Prime Lease. Tenant shall also remove any Alterations made by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that , which Prime Landlord has elected to may require Tenant Landlord to remove as provided in Section 6.1 - Tenant Improvements & Alterations, (and repair any damage caused by such removal), pursuant to the terms of the Prime Lease. If such Prime Landlord requires removal is not completed before the expiration of any Alteration made by Tenant, or termination of the Term, Landlord shall have the right (but no obligation) to remove the samea portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby and redecorate such damaged area), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay Landlord on demand for all the 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, repair, delivery and warehousing on demand. If this Sublease terminates prior to the Expiration Date as a result of a breach by Tenant then Tenant shall deliver all Furniture to Landlord in substantially the same condition as it exists on the Commencement Date, ordinary wear and tear and casualty excepted (and Tenant’s license to use the Furniture shall also have the right to retain or dispose of all or any portion of automatically cease), immediately upon 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 early termination of this Lease Sublease. Upon the Expiration Date, absent a default hereunder, the Furniture shall become Tenant’s property and Landlord shall execute a ▇▇▇▇ of sale (without recourse, representation or warranty) in favor of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part evidence such transfer 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 Leaseownership.

Appears in 1 contract

Sources: Sublease (Everyday Health, Inc.)

Surrender. Upon the expiration or termination of this Lease, Tenant shall remove all Tenant’s personal property, furniture, trade fixtures and equipment (“Tenant’s Property”) from the Demised Premises and shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-Landlord, broom clean and in their original conditiongood order, except for reasonable condition and repair, ordinary wear and tear, damage from casualty or condemnation and tear excepted. If Tenant fails to remove 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 Tenant’s Property from the Demised Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right within five (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (105) 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, then Landlord shall be entitled (but not obligated) to remove and store Tenant’s Property at Tenant’s sole cost and expense. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Property to be abandoned, and title to Tenant’s Property shall be deemed to be immediately vested in Landlord. No act or thing done by Landlord or Landlord’s agents or employees during the term hereof shall be deemed a surrender of the Demised Premises, save and except an agreement to accept such surrender in writing and signed by Landlord. If Tenant fails to surrender the Premises at the expiration or earlier termination of this Lease, occupancy after the termination or expiration shall be that of a tenancy from month-to-month. Tenant’ s occupancy of the Premises during the holder shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis) equal to one hundred fifty percent (150%) of the rental amount due during the month of expiration or termination. Tenant and Landlord agree that failure of the other party to insist upon strict observance of any of the terms or conditions hereof at any time shall not be deemed a waiver of its right to insist on strict observance thereafter.

Appears in 1 contract

Sources: Full Service Office Lease (Luna Innovations Inc)

Surrender. Tenant shall, upon the expiration or earlier termination of this lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. 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 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Leased Premises or any other part of the Building and shall deliver to inform the Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15 shall 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, 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 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 conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration under this Lease.

Appears in 1 contract

Sources: Office Lease (Argosy Education Group Inc)

Surrender. Upon At the expiration or termination of this Leasethe tenancy hereby created, Tenant Subtenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and leased premises in their original conditionthe same condition that the leased premises were in upon delivery of possession thereof under this Sublease, except for reasonable wear and tear, loss or 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationscasualty, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termpermitted alterations excepted, Landlord shall have the right (but no obligation) to remove the sameat -its expense clean-up said leased premises, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys for the leased premises to Sublessor. Subtenant shall, at such time, remove all its personal property, equipment and trade fixtures and shall repair any damage to the Premises leased premises caused thereby, and any or any other part all such property not so removed shall, at Sublessor's option, become the exclusive property of Sublessor or be disposed of by Sublessor without further notice to or demand upon Subtenant. If Subtenant holds over in possession of the Building and shall deliver to Landlord all keys for or make known to Landlord leased premises after 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 LeaseSublease, however such termination may be brought about, Subtenant shall pay rent for the entire holdover period at double the monthly rental as provided herein, and shall pay all damages incurred by Sublessor and all reasonable attorneys' fees and expenses incurred by Sublessor in enforcing Sublessor's rights hereunder if Sublessor must enforce such rights. No holding over by Subtenant after the termination of this Sublease shall operate to extend this Sublease other than as a tenancy at will. Termination at the expiration of this term shall be without the necessity of any notice from either Sublessor or Subtenant and Subtenant hereby waives notice to vacate the premises and agrees that Sublessor shall be entitled to the benefit of all provisions of law respecting the summary recqvery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given.

Appears in 1 contract

Sources: Sublease (Comsouth Bankshares Inc)

Surrender. 3.1.1 Upon the expiration Expiration Date 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 earlier cancellation or termination of this Lease (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall remove all telephone immediately vacate and other cabling installed in the Building by Tenant and remove from surrender possession to Landlord of the Premises all “AS-IS” but broom clean and Tenant shall have no obligation to remove Alterations (including Initial Tenant’s Work, Rooftop Signage, and Sixth Floor Work, if applicable) or Tenant's personal property and Property; provided if Tenant removes any Trade Fixtures and all Alterations that Landlord has elected to require of Tenant's Property, Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and shall immediately repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termor, Landlord shall have the right (but no obligation) to remove the sameat Landlord’s option, and Tenant shall pay Landlord on demand for (including reasonable supporting documentation) the reasonable cost of repairing any damage to the Premises or Building caused by the removal of any such items. Should Tenant fail to remove any of Tenant’s Property from the Premises or elsewhere in the Building upon the expiration or earlier termination of this Lease, then all costs of removal Tenant’s Property then remaining in the Premises or elsewhere in the Building shall be conclusively be deemed to have been abandoned and storage thereof Landlord, without further notice to or demand upon Tenant and for the rental value without liability or obligation to account to or compensate Tenant, at Landlord’s sole and absolute discretion, may elect to appropriate all or any portion of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. same, in which case title thereto shall vest exclusively to Landlord, or Landlord shall also have the right may elect to retain or remove, and/or store, and/or dispose of all or any portion part 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 Tenant’s Property at Landlord's notice shall be transferred to and vest in Landlord)expense. Tenant hereby waives all Claims against and agrees to hold harmless Landlord from any claim for any loss or damage arising from ▇▇▇▇▇▇▇▇’s dealing with ▇▇▇▇▇▇’s Property or loss Rooftop Signage pursuant to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination the terms 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 Leaseparagraph.

Appears in 1 contract

Sources: Lease Agreement (Playboy, Inc.)

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 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 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 indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee of removal 10% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and storage thereof any time required by Landlord to complete such obligations shall be considered a period of holding over and for the rental value terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to Landlord (and surrender possession of) all of the Premises for upon 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 earlier termination of this Lease (or the applicable portion of Tenant's possessionthe Premises if this Lease expires or terminates as to only a portion of the Premises) on the date of expiration or earlier termination, whichever is earliestthen Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises or applicable portion thereof, expel or remove Tenant shall surrender all keys and any other person or entity who may be occupying the Premises or applicable portion thereof, change the locks to the Premises or applicable portion thereof (in which event, Tenant shall have no right to any key for the new locks), and take any other part actions as are necessary for Landlord to take absolute possession of the Building Premises or applicable portion thereof. The foregoing rights are without prejudice and in addition to, and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safesnot in any way limit Landlord’s rights under, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease22 below.

Appears in 1 contract

Sources: Lease Agreement (Systemax Inc)

Surrender. Upon (a) On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair, ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for in 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 (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 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 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 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. 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 surrender not be obligated to remove same. If Landlord fails to notify Tenant at the Premises and all Tenant time Landlord approves the Initial Improvements and Alterations or any subsequent Alteration (as the case may be) that in Landlord’s opinion an alteration, addition or improvement 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 be installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations connection therewith constitutes an Extraordinary Fixture or that Landlord has elected to will require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before same at the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this 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 earlier termination of this Lease., then Landlord shall be deemed to have waived its right to cause Tenant to remove such alterations, additions or improvements and Tenant shall not be obligated to remove same. “Extraordinary Fixture” means (i) any slab opening in the Premises which does not exist as of the 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. Upon the On expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises Premises, and all Tenant Improvements Tenant's improvements thereto and Alterations to Landlord broom-alterations thereof, broom clean and in their original condition, good condition (except for reasonable 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 from casualty to the Premises under the provisions of this Article 25 or condemnation Article 15), and shall remove all of its personal property including any changes resulting from approved Alterations; providedsigns, howevernotices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal 22 property, that prior to the expiration or termination of this the Lease term. If any such removal would damage the Building structure, Tenant shall remove all telephone give Landlord prior written notice thereof and other cabling installed 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 the Building by any manner any such improvements or alterations or personal property that Tenant and does not remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the on expiration or termination of the Term, term as allowed or required by this Lease and title to any such improvements or alterations or personal property that Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right so elects 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 claims against Landlord for any damage or loss to Tenant resulting from arising out of Landlord's removal, storage, retention, retention or disposition of any such property. Upon expiration improvements, alterations 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 personal property and shall deliver be liable to Landlord all keys for Landlord's costs of storing, removing and disposing of any such improvements, alterations or make known personal property which Tenant fails to Landlord the combination of locks on all safes, cabinets and vaults that may be located in remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including reasonable attorneys' fees) arising out of or in connection with Tenant's obligations under failure to surrender the Premises in accordance with this Section shall survive the expiration or termination of this Lease25.1.

Appears in 1 contract

Sources: Office Lease (Isocor)

Surrender. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably vacate and surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition in which the Leased Premises were at the commencement of this Lease, except for reasonable 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 by casualty or condemnation and any changes resulting from approved Alterations; providedcondemnation, howeverexcepted. Upon such surrender, 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 (a) remove from the Leased Premises all Tenant's personal property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and any Trade Fixtures communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsBillboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. If such removal is Property not completed before so removed shall be deemed abandoned and become the expiration or termination property of the Term, Landlord shall have the right (but no obligation) to remove the sameLandlord, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period may thereafter cause such property to be removed from the end of the Term through the end of the time reasonably required for such removalLeased Premises. Landlord shall also have the right not be obligated to retain or dispose store any such property. The cost of all or any portion removing and disposing of such property if 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 does not pay all to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and retrieve the property if not paid within ten (10) days after notice from Business Days, shall bear interest at the Default Rate. Landlord (shall not in which event title any manner or to all any extent be obligated to reimburse Tenant for any such property described which becomes the property of Landlord pursuant to this Paragraph 26. (b) If Tenant fails to vacate and surrender the Leased Premises on or before the Expiration Date or earlier termination of this Lease in Landlord's notice accordance with the provisions of this Lease, Tenant shall be transferred a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and vest Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in Landlord)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 waives all Claims against Landlord for to remain in possession of the Leased Premises after the Expiration Date or sooner termination of this Lease or (ii) imply any damage right of Tenant to use or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon occupy the Leased Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of Tenant's possessionthe Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Paragraph 26. (c) Notwithstanding anything to the contrary elsewhere in this Lease, whichever is earliestif 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 other liabilities to Landlord accruing therefrom, Tenant shall surrender all keys indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to such failure (directly or indirectly, in whole or in part), including, without limiting the generality of the foregoing, loss of future rents as a consequence of such failure until the earlier of (i) the effective date of a new lease executed by Landlord and another tenant for the Leased Premises or any other part of (ii) twenty-four (24) months after 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 PremisesExpiration Date. Tenant's ’s indemnification obligations under this Section set forth herein shall survive the expiration Expiration Date or earlier termination of this Lease.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Lincoln Educational Services Corp)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender remove from the Premises Property all furniture, trade fixtures, equipment, and all other personal property installed by Tenant Improvements or its assignees or subtenants. Tenant shall not be required to remove its wiring and Alterations cabling unless Tenant cuts or damages such wiring and cabling, in which case Tenant shall be required to Landlord broom-clean remove such wiring 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 cabling 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by resulting from such removalremoval 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 such removal is Tenant does not completed before the expiration or termination return possession of the TermPremises to Landlord in the condition required under this Lease, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value resulting damages Landlord may suffer. (b) If Tenant remains in possession 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 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. Upon 24.01 On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to the Landlord broom clean, in good order, condition and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, repair except for reasonable ordinary wear and teartear and damage by fire or other insured casualty, 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove restored as provided in Section 6.1 - 12.01. 24.02 Prior to such surrender, Tenant Improvements & Alterationsshall (a) remove Tenant’s Property subject to the provisions of Article 13 hereof, (b) at Landlord’s request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called “additional work”), whether such additional work was performed by Tenant or by Landlord on Tenant’s behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord’s request, repair any damage caused and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal. If such removal is not completed before the expiration or termination , and restore those parts of the TermDemised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, Landlord shall have the right (but no obligation) to remove the same, a condition which will blend with and Tenant shall pay Landlord on demand for all costs of be comparable to adjacent areas. Tenant’s 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 repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building where any additional work was performed by or on behalf of Tenant. If Tenant shall fail to perform as provided in this Section 24.02, Landlord shall have the right to do so at Tenant’s cost and expense, without further notice or demand upon Tenant, and Tenant shall deliver indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the Demised Premises to a future occupant. 24.03 Tenant shall have no right to hold over at expiration of the Term or any extension thereof. If Tenant remains in possession, Tenant’s status shall be that of a mere licensee and Tenant shall be subject to damages that Landlord all keys for or make known to Landlord might suffer arising out of Tenant’s continued occupancy of the combination of locks on all safes, cabinets and vaults that may be located in the Demised Premises. Damages shall be two (2) times the per diem rental of the month immediately prior to the end of the Term plus costs, expense and fees incurred by Landlord in causing Tenant to vacate said Premises. However, not withstanding the foregoing, (i) during the first month of hold over status, the hold over damages shall be limited to 150% of the per diem rental of the month immediately prior to the end of the term, (ii) during the second month of hold over status, the holdover damages shall be limited to 175% of the per diem rental of the 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 Landlord’s loss of profits which may result from Tenant's obligations under this Section shall survive the expiration or termination of this Lease’s failure to deliver possession as required hereunder.

Appears in 1 contract

Sources: Lease Agreement (Threshold Pharmaceuticals Inc)

Surrender. Upon On or before the expiration or termination of this Lease, Tenant shall surrender remove from the Premises Premises: (i) all of its personal property, including any equipment and all signage; and (ii) any improvements or alterations installed by Tenant Improvements and Alterations which Landlord directs Tenant to remove (excepting the Initial Improvements). At the time of requesting Landlord's consent to an improvement or alteration, Tenant may request in writing that Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty elect whether to require Tenant to remove such improvement or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the alteration upon expiration or termination of this Lease Tenant Lease, and Landlord shall remove all telephone and other cabling installed in make such election at the Building by Tenant and remove from the Premises all time of granting consent (or within 30 days after Tenant's personal property and any Trade Fixtures and all Alterations that request if the improvement or alteration does not require Landlord's consent). If Landlord has fails to make such election, Landlord shall be deemed to have elected to have Tenant remove the improvement or alteration. With respect to the Initial Improvements, by notice given not later than six (6) months prior to the expiration of the initial term of this Lease, Landlord may require Tenant to remove as provided demolish the interior improvements to any laboratory space, returning such space to a clean, capped and in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samegood order Building Shell condition, and Tenant shall pay Landlord on demand do so prior to expiration of the Lease, provided that Tenant's total monetary obligation for all its out-of-pocket costs of removal such demolition and storage thereof return to shell condition shall not exceed $[*] (and if such amount is not sufficient to adequately perform the task, Tenant shall consult with Landlord and shall use such funds to perform such portions of the demolition task as Landlord directs). This demolition and return to shell condition obligation shall not apply if Tenant exercises its Renewal Option. If this Lease is terminated during its initial term for any reason other than Landlord's default, then this requirement shall apply, provided that if this Lease is terminated due to Tenant's default, Landlord may elect to simply collect the rental value $[*] obligation in lieu of allowing Tenant to conduct such demolition and return to shell. If Tenant conducts the demolition and return to shell condition as provided above, Tenant shall be entitled to retain all items removed from the laboratory area of the Premises for in 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 course 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)work. Tenant waives all Claims against Landlord for any damage In addition, on 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 before the expiration or termination of this Lease, Tenant shall: (i) repair any damage to the Premises caused by Tenant, including any damage caused by Tenant's removal of personal property, improvements or alterations, and (ii) surrender the Premises in good order and condition, broom clean, subject to reasonable wear and tear. If Tenant fails to remove any personal property, Landlord may either have it removed and stored in a public warehouse at the risk of Tenant (the expense of such removal, storage and repairs necessitated by such removal shall be paid by Tenant) or deem them abandoned whereupon they shall become the property of Landlord without payment or offset therefore.

Appears in 1 contract

Sources: Office Lease (Seattle Genetics Inc /Wa)

Surrender. 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 Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Landlordlandlord'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 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.

Appears in 1 contract

Sources: Lease Agreement (Asi Solutions Inc)

Surrender. 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - 6.1—Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant 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.

Appears in 1 contract

Sources: Lease Agreement (Clean Energy Fuels Corp.)

Surrender. Upon Tenant shall, at the 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, excepting only reasonable wear and tear and damage by fire or other insured casualty. Tenant shall 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 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 three (3) months after the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations also be liable 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 damages suffered by Landlord as result of Tenant's possession, whichever is earliest, Tenant shall failure to 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 Landlord agrees to treat Tenant as a tenant at sufferance. Notwithstanding anything in this Article contained to the contrary, the acceptance of any Fixed Rent paid by Tenant pursuant to this Paragraph 27, shall not preclude Landlord from commencing and prosecuting a holdover or eviction action or proceeding or any action or proceeding in the nature thereof. The preceding sentence shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section shall survive 232-c of the expiration or termination Real Property Law of this Leasethe State of New York and any successor law of like import.

Appears in 1 contract

Sources: Triple Net Lease (Hirsch International Corp)

Surrender. Upon 23.01. On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises pursuant to Article 25 herein, Tenant shall quit and surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good order, condition, and in their original conditionrepair, except for reasonable ordinary wear and teartear and damage by fire or casualty and such other damage or destruction as Landlord is required to repair or restore under this Lease, 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 of Tenant's Property therefrom except as otherwise expressly provided in this Lease. At the time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the Building by Tenant same state as existed as of the completion of Landlord's Work and remove from the Premises all completion of Tenant's personal property 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 any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination completion of the Termfinal construction drawings, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have reserves the right to retain or dispose notify Tenant of all or any portion of such property if restoration 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 responsible for upon the termination of this Lease. If Tenant fails to and vest in Landlord). Tenant waives all Claims against Landlord for perform any damage restoration required of it under this Lease on or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition before the last day of any such property. Upon expiration or termination the term of this Lease or of Tenant's possession, whichever is earliestupon any earlier termination, Tenant shall surrender all keys be deemed a hold-over Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. Ninety (90) days prior 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 Expiration Date of this Lease, at the request of Tenant, 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 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 failure by Landlord 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 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 for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a hold-over Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration.

Appears in 1 contract

Sources: Lease Agreement (I Many Inc)

Surrender. Upon On the expiration last day of the term hereof 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 upon any changes resulting from approved Alterations; provided, however, that prior to the expiration or earlier termination of this Lease (unless Tenant has acquired title to the Demised Premises pursuant to Article XXIX), or upon a re-entry by Landlord upon the Land pursuant to Article XVI hereof, Tenant shall remove well and truly surrender and deliver up to Landlord the Demised Premises free and clear of all telephone liens and encumbrances other cabling installed in than those, if any, existing at the Building date hereof, or created by Landlord or subsequent owners of the Demised Premises, and, without any payment or allowance whatever by Landlord. Tenant and remove from hereby waives any notice now or hereafter required by law with respect to vacating the Demises Premises all Tenant's personal property and on any Trade Fixtures and all Alterations that such termination date. Title to any Improvements on the Land at the termination of this Lease shall pass to Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair without the necessity of any damage caused by such removalpayment therefor. If such removal is not completed before At the expiration or termination end of the Term, Tenant will promptly quit and surrender the Demised Premises broom-clean, in good order and repair, ordinary wear and tear excepted. If Tenant is not then in default, Tenant may remove from the Demised Premises any trade fixtures, equipment and moveable furniture placed in the Demised Premises by Tenant, whether or not the same are fastened to the Improvements thereon; provided Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Demised Premises or removal of the same will result in impairing the structural strength of the Improvements. Whether or not Tenant is in default, Tenant will remove such Improvements, trade fixtures, equipment and furniture as Landlord shall may request at its sole option and discretion. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions and Improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and Improvements not so removed will be deemed conclusively to have the right (but no obligation) been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to remove the same, Tenant or any other person and without obligation to account for them; and Tenant shall pay will reimburse to Landlord on demand for all costs expenses incurred in connection with such property, including, but not limited to, the cost of removal and storage thereof and for the rental value of repairing any damage to the Premises for caused by the period from the end removal 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 obligation to the Premises or any other part of the Building observe 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 perform this Section shall covenant will survive the expiration or other termination of this Lease.

Appears in 1 contract

Sources: Ground Lease (Ecoscience Corp/De)

Surrender. Upon the expiration of the Term of this Lease, or upon an earlier termination of this Lease as set forth herein, LESSEE shall surrender up peaceable possession of the Leased Premises and all buildings and improvements thereon to LESSOR in good and tenantable repair, reasonable wear and tear, permitted leasehold improvements and alterations (provided that LESSEE may remove trade fixtures and personal property) which are the property of LESSOR, casualty loss and condemnation (if specifically permitted hereunder) excepted. If possession be not immediately surrendered, LESSOR, with process of law, may forthwith re-enter the Leased Premises and repossess the same, or any part thereof, and expel and remove therefrom all persons and property without being deemed guilty of any unlawful act and without prejudice to any other legal remedy available to LESSOR. LESSOR shall hold the Leased Premises after any such re-entry free of any right, privilege, or estate of LESSEE and without any duty or obligation to LESSEE in respect of any subsequent use, reletting or disposition of the Leased Premises. a. If LESSEE shall not immediately surrender possession of the Leased Premises at the expiration or termination of this Lease, Tenant LESSEE shall surrender become a lessee from month to month, provided rent shall be paid to and accepted by LESSOR, in advance, at 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 rate of rental payable hereunder just 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalLease. If such removal is not completed before LESSEE shall fail to surrender possession of the Leased Premises immediately upon the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end hereof, LESSEE hereby agrees that all of the time reasonably required for such removal. Landlord shall also have obligations of LESSEE and all rights of LESSOR applicable during 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 Term of this Lease shall be equally applicable during such period of subsequent occupancy, whether or of Tenant's possession, whichever is earliest, Tenant not a month-to-month tenancy 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 Leasehave been created as aforesaid.

Appears in 1 contract

Sources: Commercial Lease (Allied Healthcare Products Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-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 Premises all Tenant's personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterationsunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 propertyproperty except with respect 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.

Appears in 1 contract

Sources: Lease Agreement (Crossworlds Software Inc)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, and subject to Section 12 above, Tenant shall surrender remove from the Property all furniture, trade fixtures and 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 and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe 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 one hundred fifty percent (150%) of the Monthly Rent payable for reasonable wear the last full month immediately preceding the holdover for the first two (2) months of holdover and tear, damage from casualty double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 remove 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 telephone and other cabling installed of the remedies available to Landlord in the Building by event of a Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the samedefault, and Tenant shall pay Landlord on demand be liable for all costs of removal and storage thereof and for damages, including consequential damages (to the rental value extent that a holdover lasts more than two (2) months), that Landlord suffers as a result 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 Leaseholdover.

Appears in 1 contract

Sources: Deed of Lease (U.S. Auto Parts Network, Inc.)

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall 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 Improvements and Alterations fails to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and perform any changes resulting from approved Alterations; provided, however, that obligation prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsLease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termfailure continues for more than five (5) business days following written notice from Landlord, Landlord may, but shall have the right (but no obligation) to remove the samenot be obligated to, perform such obligation and Tenant shall pay Landlord on demand for all costs associated therewith, plus an administrative fee 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 5% of such property if Tenant does not pay all such costs and retrieve the property costs, within ten thirty (1030) days after notice from following Landlord’s delivery to Tenant of an invoice therefor accompanied by reasonable supporting documentation with respect thereto, and any time required by Landlord (in which event title to all complete such property described in Landlord's notice obligations shall be transferred to considered a period of holding over 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 the terms of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant Paragraph 22 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 Leaseapply.

Appears in 1 contract

Sources: Lease Agreement (Ziprecruiter, Inc.)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including Tenant Improvements and 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, took possession, except for (i) reasonable wear and tear subsequent to the last repair replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bill ▇▇ sale. 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 Property 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 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 Leased Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord of the combination of any vaults, locks and safes left on all safes, cabinets and vaults that may be located in the Leased Premises. Tenant's The obligations of Tenant under this Section Article 15.2 shall 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, 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 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 conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration hereunder.

Appears in 1 contract

Sources: Office Lease (Pegasus Solutions Inc)

Surrender. Upon (a) Subject to the expiration provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant ▇▇▇▇▇▇ shall quit and surrender possession of the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-in broom clean condition and as good order and condition as they were in their original conditionon the Term Commencement Date, except for reasonable wear and tear, damage from casualty or damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any changes damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from approved Alterations; provided, however, that prior to such removal. Any such property not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall remove fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all telephone of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. (b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant or Current Tenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building by Tenant and remove from in compliance with the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & AlterationsNational Electrical Code (collectively, “Wires”) and repair any all damage caused by such removal. If such removal is not completed before thereby and restore the expiration Leased Premises or termination the Building, as the case may be, to their condition existing prior to the installation of the TermWires (“Wire Restoration Work”). Landlord, Landlord shall have at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the right (but no obligation) event that Tenant fails to remove perform the same, and Tenant shall Wire Restoration Work or refuses to pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property Wire Restoration Work (if Tenant does not pay all such costs and retrieve the property performed by Landlord) within ten (10) days after of Tenant’s receipt of Landlord’s notice from requesting ▇▇▇▇▇▇’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section 5.15(b), Landlord (in which event title to may apply all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for or any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition portion of the Security Deposit toward the payment of any such property. Upon expiration costs or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys expenses relative to the Premises Wire Restoration Work 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 ’s obligations under this Section 5.15(b). The retention or application of such Security Deposit (if any) by Landlord pursuant to this Section 5.15(b) does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this Section 5.15(b) shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Sources: Net Lease (Metagenomi Technologies, LLC)

Surrender. Upon the expiration or termination of this Leasethe Term or Tenant's right to possession of the Premises, Tenant shall surrender return the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good order and in their original condition, except for reasonable ordinary wear and tear, tear and damage from by fire or other casualty or condemnation and any changes resulting from approved Alterationsexcepted; provided, however, that if Tenant is insured (or required pursuant to this Lease to be insured) for any such damage, Tenant shall, at the election of Landlord, either (ii) apply the insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required pursuant to this Lease) to repair such damage or (ii) surrender such insurance proceeds (or the amount Tenant would have received as insurance proceeds had Tenant maintained the insurance required by this Lease) to Landlord upon surrender of the Premises. If Landlord requires Tenant to remove any Alterations pursuant to Section 9, then 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 expiration or termination installation of this Lease such Alterations. If Tenant does not remove such Alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises, and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all telephone and other cabling installed in the Building by Tenant and remove items of personal property from the Premises all prior to termination of the Term or Tenant's personal property right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant, or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and any Trade Fixtures disposed of at Tenant's expense, which shall be one hundred ten percent (110%) of Landlord's actual cost of removal, without notice to Tenant and all Alterations that without obligation to compensate Tenant except as otherwise required by law. Notwithstanding anything to the contrary contained in this Section 15, Landlord has elected shall only be entitled to require that Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before at the expiration or termination of the Term, Landlord shall have Term the right (but no obligation) following items and restore the affected area to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for condition existing prior to 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 installation of any such propertyitems: Alterations or Tenant Work which involve any vault, safe, file systems, interior staircases between floors or similar items or any items that Landlord determines in its reasonable discretion are not typically found in office space in first class office buildings in the Ballston submarket of Northern Virginia or would cost more to remove than typical leasehold improvements such as partitions typically found in office space in first-class office buildings in the Ballston submarket of Northern Virginia. Upon expiration or termination The foregoing provisions of this Lease or Section 15 shall not be construed as Landlord's consent to Tenant installing any of Tenant's possession, whichever is earliest, Tenant shall surrender all keys the foregoing items and any such installation must be approved by Landlord pursuant 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 terms of this Lease.

Appears in 1 contract

Sources: Office Space Lease Agreement (Bridgeline Software, Inc.)

Surrender. Upon (a) Subject to the expiration or termination provisions of this Agreement, the Lease and the term and estate granted thereunder with respect to the Surrender Premises shall terminate and expire as of the day prior to the Effective Date (the “Surrender Date”), as fully and completely as if the Surrender Date was the date originally fixed in the Lease as the Termination Date with respect to the Surrender Premises, and Tenant shall surrender the Surrender Premises on the Surrender Date to Landlord as fully and completely as if the Surrender Date was the date originally fixed in the Lease as the Termination Date with respect to the Surrender Premises, and Landlord shall accept the Surrender Premises on the Surrender Date, to have and to hold the same for the unexpired residue of the term of the Lease. After the Surrender Date, Tenant shall have no further rights, obligations or liabilities of any kind or nature under the Lease with respect to the Surrender Premises, except as expressly provided in this Agreement. Tenant acknowledges its obligation to pay Minimum Rent, Adjusted Minimum Rent and any other charges payable by Tenant under the Lease (whether or not said sum shall have been fixed as of the Surrender Date) applicable to the Surrender Premises through the Surrender Date. Upon final computation of Adjusted Minimum Rent due applicable to the Surrender Premises, Landlord shall promptly refund or credit, at Landlord’s option, any excess payment (if any) and Lessee shall promptly make up any underpayment (if any). This provision shall survive the Lease termination applicable to the Surrender Premises. (b) Notwithstanding anything to the contrary contained in the Lease, on or before the Surrender Date, Tenant shall surrender the Surrender Premises free from all Tenant’s furniture and equipment, in broom clean but otherwise as-is condition. In the event that Tenant fails to surrender the Surrender Premises to Landlord on the Surrender Date in accordance with the terms of this Agreement, then Tenant’s occupancy of the Surrender Premises shall be deemed a holdover tenancy for the period commencing on the Surrender Date to and including the date on which Tenant surrenders the Surrender Premises to Landlord in accordance with the terms of this Agreement and such occupancy shall be subject to the terms of Article 55 of the Lease. (c) The effective date shall be the day Landlord, at Landlord’s sole cost and expense, completes construction of a demising wall between the Surrender Premises and the Retained Premises (the “Effective Date”), which Landlord estimates to be on or about November 1, 2008. In addition to the demising wall, Landlord, at its sole cost and expense, shall remove wallpaper where necessary, paint and carpet the Retained Premises in colors to be chosen by Tenant from Landlord’s standard paint and carpet selection charts (the “Landlord’s Work”). The Landlord’s Work shall be performed at mutually agreed upon times and Landlord shall use reasonable efforts to minimize disruption to Tenant’s use of the Retained Premises. Tenant shall cooperate with Landlord during the performance of any work hereunder by removing all wall hangings and relocating all furniture, equipment and personnel as necessary, at Tenant’s sole cost. Tenant Improvements acknowledges that it is in occupancy of the Retained Premises and Alterations to Landlord broom-clean and hereby accepts the Retained Premises in their original condition“AS-IS” physical condition and state of repair as of the Effective Date, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; providedsubject, however, that prior to the expiration or termination terms of this Lease Tenant subparagraph (c). Landlord shall remove all telephone make reasonable efforts to erect and other cabling installed in finish the Building demising wall no later than November 1, 2008 and to complete Landlord’s Work no later than January 1, 2009 (as reasonably approved by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected subject only to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removalminor punch-list items). If such removal is not completed before the expiration or termination of the Term, Landlord shall have no obligation to do any work, perform any services or grant any construction allowances in connection with this Agreement or the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value extension of the Premises for the period from the end term 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 Lease, except as set forth in this subparagraph (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 Landlordc). 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.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender and yield up peacefully and quietly to Landlord possession of the Premises demised premises and all Tenant Improvements alterations, additions, fixtures, improvements and Alterations to Landlord broom-equipment therein, broom clean and in their original conditionas good condition as they were in at the time of commencement of Tenant's initial occupancy of the demised premises, except for or as the demised premises may have been improved thereafter, reasonable wear and teartear and damage by casualty excepted, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior subject to the expiration or termination provisions of this Lease Sections Fourteen and Fifteen. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove only removable items which it is entitled to remove pursuant to this Lease and which are Tenant's own personal property. All installations, alterations, additions and improvements to or upon the samedemised premises, made by Tenant or any other person during the Tenant's occupancy of the demised premises, whether or not during the term of this Lease shall be deemed part of the demised premises, and upon the expiration or other termination of the term of this Lease shall be surrendered with the demised premises as a part thereof, without ----------------------------------------------------------------------------------------------------------------------- disturbance, molestation or injury (except to the extent that Landlord shall elect to have Tenant remove any such installations, alterations, additions or improvements prior to or within sixty (60) days after the later of expiration or other termination of the term hereof or the time Tenant vacates the demised premises, in which event Tenant shall so remove such installations, alterations, additions and improvements, repairing all damage caused thereby). In the event that Tenant shall fail to remove its goods and effects from and shall continue in occupancy of, the demised premises after the expiration or prior termination of this Lease, a tenancy at sufferance only shall be deemed to exist, and Tenant shall pay owe Landlord on demand for all costs of removal and storage thereof and for the rental value rent therefore at a rate equal to one hundred fifty percent (150%) 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 minimum rent, additional rent and retrieve the property within ten (10) days after notice from Landlord (other charges 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 effect at 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 prior termination of this Lease, prorated on a daily basis for each day or partial day that the Tenant continues in possession past the expiration or prior termination hereof.

Appears in 1 contract

Sources: Lease Agreement (Ventures National Inc)

Surrender. Upon the expiration or termination of this LeaseLease for whatever reason, Tenant shall surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good condition and in their original conditionrepair (including, except for without limitation, all additions and alterations constructed on the Leased Premises), reasonable wear and teartear and casualty not attributable to Tenant’s act or omission excepted. If the Leased Premises are damaged at the time of surrender due to an act or omission of Tenant, Tenant’s responsibility for that damage shall be limited to that portion of the repair or restoration not paid by casualty insurance maintained by Landlord. In removing its fixtures and personal property from casualty or condemnation and the Leased Premises, Tenant shall repair any changes damage to the Leased Premises resulting from approved Alterations; providedthat removal. If Tenant fails to remove any of such property or to adequately repair damage caused by the removal, howeverLandlord may at Landlord’s option remove the property or repair the damage, that prior in which event the cost of removal or repair shall be due and payable by Tenant to Landlord upon demand. Should Tenant continue to occupy the Leased Premises after the expiration of the Term, including any renewal thereof, such tenancy shall (without limitation of any of Landlord’s rights or remedies therefor) be one at sufferance at a minimum monthly rental equal to one hundred fifty percent (150%) of the rent payable for the last full month of the Term. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease Tenant shall remove all telephone and other cabling installed in be construed to extend the Building Term or prevent Landlord from immediate recovery of the Leased Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Leased Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected after receipt of Landlord’s notice to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain 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 earliestvacate, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver be liable to Landlord for all keys for or make known to damages, including, without limitation, consequential damages, that Landlord the combination suffers as a result 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’s holdover.

Appears in 1 contract

Sources: Agreement of Sale (Lenox Group Inc)

Surrender. Upon 12.1 On the expiration Expiration Date, or upon the earlier termination of the Sublease or of Subtenant's right to possession of the Sublease Premises, Subtenant will at once surrender and deliver up the Sublease Premises, together with all improvements thereon, to Sublandlord in as good condition and repair as when delivered to Subtenant, reasonable wear and tear and casualty excepted. Conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease, Tenant Sublease shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for not be deemed "reasonable wear and tear." Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. 12.2 All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a part of and shall remain upon the Sublease Premises upon such termination without compensation, damage from casualty allowance or condemnation and any changes resulting from approved Alterations; provided, however, that credit to Subtenant. At Sublandlord's written request Subtenant shall restore the Sublease Premises to their condition prior to the expiration or termination making of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all such Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused occasioned by such removalremoval or restoration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and Subtenant does not complete such removal is in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand. 12.3 As between Sublandlord and Subtenant, Subtenant shall not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) be required to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys Alterations performed by Sublandlord prior to the Commencement Date ("Sublandlord Alterations") or to restore the Sublease Premises or any other part to their condition prior to the making 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.such

Appears in 1 contract

Sources: Consent to Sublease (Aquantive Inc)

Surrender. 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 Building Project by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removalthereof. 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.

Appears in 1 contract

Sources: Lease Agreement (3do Co)

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in a condition substantially similar to the condition when received 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, and (ii) Tenant shall have removed from the Premises all personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage occurring during the Term caused by any marking, painting, drilling into or defacement of the Building or any part of the Premises, or resulting from the removal of such personal property installed by Tenant or its assignees or subtenants, and Tenant shall restore the Property to good order and condition, normal wear and tear 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 T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord the commercially reasonable costs incurred by Landlord in restoring the Premises to such condition. (b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant shall surrender T▇▇▇▇▇’s occupancy of the Premises and all Tenant Improvements and Alterations shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to Landlord broom-clean and in their original conditionthe provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for reasonable wear of any holdover period shall be equal to the sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdover and tear, damage from casualty (ii) Tenant’s Share of Operating Expenses for such month. No holdover or condemnation and any changes resulting from approved Alterations; provided, however, that prior to payment by Tenant after 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 Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected operate to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of extend the Term through the end or prevent Landlord from immediate recovery of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose possession 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 Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Section shall survive Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all legal and equitable remedies available to Landlord in the expiration or termination event of this Leasea Tenant default.

Appears in 1 contract

Sources: Lease Agreement (Savara Inc)

Surrender. Upon Tenant agrees that on the expiration last day of the Tenn, or on the sooner termination of this Lease, Tenant shall surrender the Premises premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned and repaired, any carpets cleaned, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean waxed, and (b) otherwise in their original condition, except for reasonable accordance with Paragraph 32(e). Normal wear and tear, tear shall not include any damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, deterioration that prior to would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease Lease, (i) Tenant shall remove all telephone of Tenant's Property (as hereinafter defined) and other cabling installed in Tenant's signage from the Premises, the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, Project and repair any damage caused by such removal. If , 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 be required), require Tenant at Tenants expense to remove any or all Alterations and to repair any damage caused by such removal is except those installed in the original tenant improvement or approved in writing to not completed before the expiration or termination remove. Any of the TermTenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord shall have the right (but no obligation) to remove the sameat Tenant's expense, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or retention and disposition of any such property. Upon expiration or termination ; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of this Lease or such abandoned property of Tenant's possession, whichever is earliest, . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall surrender all keys to remain in the Premises or any other part as the property 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 LeaseLandlord.

Appears in 1 contract

Sources: Lease Agreement (Pixelworks Inc)